CW 2698/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.2698/2006 Phaliram Meena & Prem Raj Meena Versus State & (2) Ors. Date of Order ::: 11/12/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Tanvir Ahmed, for petitioners Mr. JK Agrawal, Addl.Govt.Counsel, for respondent-State None, for respondent-RPSC Instant petition has been filed seeking fair consideration for appointment to the post of Primary & Upper Primary School Teacher (for short “Teacher”) pursuant to advertisement dt. 02/06/04 (Ann.1). Both the petitioners are members of Scheduled Tribe category and claiming themselves to be eligible, applied for appearing in Primary Teacher Exam.-2004 pursuant to advertisement (supra) for the post of Primary & Upper Primary School Teacher, which is included in the Schedule appended to the Rajasthan Panchayati Raj Rules, 1996 (“Rules, 1996”). Initially last date of submission of application form pursuant to advertisement (Ann.1) was 05th July, 2004, which was extended to 15th July, 2004 vide corrigendum (Schedule-A to writ petition) whereby it was however, made clear that in terms of notification dt.01/07/04 applicants appearing CW 2698/06 //2// in BSTC/B.Ed course examination and submitted their application pursuant to advertisement dt. 02/06/04 shall be considered to be eligible but they have to submit certificate of their academic qualification/teachers' training on the date of declaration of their written examination. Both the petitioners at the relevant point of time were undergoing their BSTC course and initially their result of BSTC was declared on 08/11/04 but got supplementary – result whereof was declared on 21/04/2005 while result of the petitioners' participation of recruitment test held by respondent PSC pursuant to advertisement (Ann.1) was declared on 21/11/05 which appears to be 2nd list published of such applicants, who qualified in recruitment examination against rejection of candidatures of persons though having participated in Primary Teaching Examination, 2004 but failed to join on selection as per first select list. Thus, as per 2nd select list declared on 22/11/05, both the petitioners were declared successful. However, respondent-PSC later on rejected their application form vide letters dt. 26/12/05 & 17/01/06 (Ann.6 & 7) on the premise that they failed to qualify their BSTC course as CW 2698/06 //3// on the date (05/01/05) of declaration of result of Primary Teaching Examination, 2004. It is pertinent to mention that the date (05/01/05) referred to in rejection letter dt.26/12/05 & 17/01/06 (Ann.6 & 7) appears to be of first select list pursuant to advertisement (Ann.1) as regards declaration of result of the Primary Teaching Exam.-2004 wherein names of petitioner did not find place and result of their participation in Primary Teaching Examination, 2004 was declared as successful in 2nd select list published on 22/11/05 - much before which, declaration of their result having qualified in BSTC course on 21/04/05 as is evident from marks-sheet of their BSTC produced by Counsel in course of arguments. Respondents were duly served and on behalf of respondent No.2-PSC, Vakalatnama was filed on 01/06/06. But neither reply has been filed nor Counsel has appeared on behalf of respondent-PSC despite service. However, respondent NO.1 has filed the reply to writ petition, wherein it has been inter-alia averred that since the petitioner failed to submit their marks-sheet of having qualified in their BSTC course as required by respondent-PSC as on 05/01/05; as such their CW 2698/06 //4// application has rightly been rejected. I have considered contentions of Counsel for the parties and with their assistance perusal material on record. From the material on record, as per corrigendum (Schedule-A) issued by respondent-PSC all such applicants appearing in BSTC/B.Ed course were permitted to appear in Primary Teacher Examination, 2004 pursuant to advertisement (Ann.1) with the rider that they ought to have submit the result of their academic qualification on the date of declaration of their recruitment examination, 2004. Indisputably, at the time when they filled up application form pursuant to advertisement (Ann.1), petitioners were pursuing their BSTC 2nd year course which they completed on declaration of the result of their supplementary examination on 21/04/2005 while the result of their participation in recruitment examination (Primary teacher Examination, 2004 pursuant to advertisement-Ann.1) was declared on 21/11/05 much after they academically qualified in their BSTC course on 21/04/05; as such very rejection made by respondent PSC as regards candidature of petitioners cannot be considered to be legally sustainable. Consequently, writ petition succeeds and CW 2698/06 //5// is hereby allowed. Rejection of applications of both the petitioners vide letters dt.26/12/05 (Ann.6) & 17/01/06 (Ann.7) are hereby quashed & set aside. Respondent Nos.1 to 3 are directed to consider candidature of petitioner holding them to be eligible for appointment to the post of Primary & Upper Primary school Teacher as per their placement in order of merit prepared pursuant to advertisement (Ann.1) and if any person lower in merit has been recommended by respondent PSC & considered for appointment, petitioners shall also be considered for appointment, if otherwise found suitable, along with consequential benefits including notional fixation of pay and placement in seniority etc., as per their order of merit. However, petitioners would not be entitled for pecuniary benefits for intervening period during which they have not actually worked. All exercise to ensure compliance of this order be completed within three months from the date of submission of certified copy of this order. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.5/2698CW06-1112.doc