CW 1687/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.1687/2006 Vijay Kr. Sharma Versus State & Anr. Date of Order ::: 16/02/09 Hon'ble Mr. Justice Ajay Rastogi Ms. Anisha Jain, for petitioner Mr. Pradeep Kalwania, Addl. Govt. Counsel, for respondents. Instant petition has been filed with the grievance that his candidature for appointment to the post of Physical Teacher Gr.III has not been fairly considered pursuant to advertisement dt. 28/07/03. Main thrust of the contention of Counsel for petitioner is that respondents were under obligation to prepare merit list in terms of notification dt.31/07/2003 and amended directions as contained in Circular dt.16/08/2003, could not have been taken note of while preparing merit list pursuant to advertisement dt.28/07/2003. Counsel for petitioner submits that the very controversy was raised before principal seat at Jodhpur in CWP-5259/2003 decided vide judgment dt.17/12/2004, which dealt with the same ad infra: “In my considered opinion, in view of the law laid down by the Hon'ble Supreme Court in the cases referred to above, since the amendments in the CW 1687/06 //2// notification dt.31/07/2003 (Ann.P.4) in the form of new directions as contained in clause (1) of Circular Annex.P/5 dated 16/08/2003 were made by the respondent No.2 Director after the selection process for the post of Physical Training Instructor (PTI) Gr.III had already commenced and therefore, the subsequent amendments in the form of directions as contained in clause (1) of Circular Annex.P/5 would not affect the process of selection which had already commenced and thus, the action of the respondents preparing a merit list for recruitment to the post of Physical Training Instructor (PTI) Gr.III on the basis of new directions as contained in clause (1) of Circular Annex.P/5 dated 16/08/2003 cannot be sustained and this petition deserves to be allowed.” Government Counsel does not dispute the decision of this Court but further submits that even if merit list was prepared in terms of Circular dt. 31/07/2003 read with clarification dt.16/02/03, according to which, he does not fall in merit to be considered for appointment. In my opinion, merit has to be prepared afresh as per directions (supra) and only thereafter, it will be decided as to whether petitioner fall in merit and any person lower in the order of revised merit has been considered for appointment or not. CW 1687/06 //3// Consequently, writ petition succeeds and is hereby allowed in terms of order of this Court dt.17/12/04 (supra). Respondents are directed to prepare a fresh merit list of petitioner for the post of Physical Teacher Gr.III for which he applied pursuant to advertisement dt.28/07/03 after taking note of directions contained in notification dt.31/07/03, ignoring directions contained in Clause (1) of Circular dt.16/08/2003 and if he falls in zone of selection and any person lower in the order of merit has been appointed, he may also be considered for appointment. Compliance be made within three months. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.3/1687CW06-16Fb.doc