{ 1 } S.B. CIVIL WRIT PETITION NO.283/2007. (VIKARAM SINGH CHAHAR & ORS. VS. STATE & OTHERS) S.B. CIVIL WRIT PETITION NO.455/2007. (RANA RAM & ORS. VS. STATE & OTHERS) DATE OF ORDER : 23.09.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. N.R. Choudhary for the petitioner. Mr. N.M. Lodha, Additional Advocate General. Mr. Tarun Joshi } Mr. L.R. Choudhary } for the respondents. Being based on similar facts, these two petitions for writ are disposed of by this common order. In brief, facts of the case in the case of Vikram Singh and others are that the Rajasthan Public Service Commission under a notification dated 30.10.2006 invited applications from eligible desirous candidates to face the Teachers (Special Education) Examination, 2006 to be conducted for making recruitment to the post of Teachers (Special Education) against 250 existing vacancies. The last date to submit application for appearing in the examination aforesaid was 26.12.2006 and all the petitioners sent their applications in prescribed proforma to { 2 } the respondent Commission through speed post on 19.12.2006. The petitioners received the applications so submitted being returned back by the Commission on 28.12.2006 with an endorsement that the same were tendered after due date. In the case of Rana Ram and others, the process of selection to the post of Teachers Grade III was initiated under a notification dated 30.10.2006 and the last date to apply to participate in selection proceedings was 16.12.2006. The petitioners sent their applications on 12/13.12.2006, but the same were refused to be accepted on 18.12.2006. The petitioners in both the cases immediately thereafter made contact with the competent officers of the Commission with a request that their applications be accepted as they sent the same through speed post well within the time. The petitioners also substantiated their request on the count that the delay in delivery of applications might have been cause due to the flood suffered by the district Barmer. The petitioners also made contact with Hon'ble Chief Minister, but of no consequence. On filing these petitions for writ by an interim order dated 23.02.2007, all the petitioners were permitted to appear in { 3 } the examination concern subject to decision of these petitions for writ. In pursuant to the interim order aforesaid, the petitioners faced the test and in pursuant to the order dated 17.04.2008, result of the petitioners was shown to the Court. Petitioners Vikram Singh Chahar, Bhagmal and Magga Ram (SBCWP No.283/2007) and Rana Ram, Kaloo Ram and Urmila Kodesa (SBCWP No.455/2007) have qualified the examination concern. While contesting the matter, it is stated by learned counsel for the respondents that at present some of the vacancies pertaining to the post of Teacher (Special Education) relating to Tribal Sub Plan Area are available due to lack of selected candidates from Tribal Sub Plan Area. It is also said that the vacancies are also available in the cadre of Teachers (General) Grade III. Looking to the facts that the petitioners remitted their applications through speed post well within the time, but those were delivered in office of the Commission after due date and the delay in delivery of forms occurred due to flood suffered by the district Barmer, I am of the opinion that equity operates in favour of the petitioners who have already qualified the examination. Hence, looking to the peculiar facts, all these { 4 } petitions are allowed with a direction to declare results of the petitioners relating to examination in question and in the event of their selection, appointment be accorded to them from the date the same was offered / given to the persons standing at lower pedestal to them in the select list prepared in order of merit. However, the petitioners shall not be entitled for actual benefits, but all notional benefits shall be given to them. (GOVIND MATHUR)J. Anil/