1 S.B. Civil Writ Petition No.3909/2010. Shrawan Kumar. vs. State of Rajasthan & Ors. Date : 19.4.2010 HON'BLE MR. PRAKASH TATIA, J. Mr.Pradeep Choudhary, for the petitioner. - - - - - Heard learned counsel for the petitioner. The petitioner is aggrieved against the order dated 29.3.2010 by which the respondent no.6 has been selected on the basis of having more marks in graduation than the marks obtained by the petitioner and he has been given appointment on the post of Rojgar Sahayak. Learned counsel for the petitioner submits that as per the requirements prescribed in Annexure-2 dated 20.8.2007, the comparative merit could have been considered only if the subject would have been Commerce in graduation. It is also submitted that the order impugned has been passed by the authority who had no jurisdiction prescribed in Annex.P/2 dated 20.8.2007. It is admitted case of the petitioner that the respondent no.6 had more marks in graduation than the marks obtained by the petitioner and the 2 petitioner's contention that the comparative marks could have been considered by the authority only when the subject would have been commerce has no basis because of the plain and simple reason that while considering the merits if all other facts are similar than the marks obtained by the candidates are required to be examined to judge the suitability. Since the petitioner is not eligible, therefore, I do not find any reason to interfere in the order dated 29.3.2010 only on technical grounds and particularly because of the reason that this Court in petitioner's writ petition no.4642/2009 directed the respondents to consider the case afresh and the authority who passed the order on 29.3.2010 is also party in the writ petition and connected with the project wherein appointment was given. In view of the above, this writ petition, having no merits, is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya