CSA 254/09 Chander Kant Lawania Vs. State of Raj & Ors. CSA 255/09 Chander Kant Lawania Vs. State of Raj & Ors. (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur J U D G M E N T In S.B. Civil Second Appeal No.254/2009 Chander Kant Lawania Vs. State of Rajasthan and others & S.B. Civil Second Appeal No.255/2009 Chander Kant Lawania Vs. State of Rajasthan and others Date Of Judgment :: 19th August, 2009 P R E S E N T Hon'ble Mr. Justice Jitendra Ray Goyal Ms. Neelam Pareek on behalf of Mr. G.K. Garg, for appellant. ....... By the Court :- Since these two second appeals under section 100 of the Code of Civil Procedure have been filed by appellant- plaintiff against one and the same judgment and decree dated 12/3/2008 passed by Additional District Judge No.2, Bharatpur in Civil First Appeal No.69/2002 whereby the cross objections of the defendants have been allowed and the appeal of the plaintiff- appellant has been dismissed, therefore they have been heard together and are being disposed of by this common judgment. 2. The controversy involved in the present matter in nut shell is that the plaintiff-appellant applied for the vacancy of teacher grade-IIIrd advertised by the defendants in the year 1990 and according to him he was eligible on the basis of the CSA 254/09 Chander Kant Lawania Vs. State of Raj & Ors. CSA 255/09 Chander Kant Lawania Vs. State of Raj & Ors. (2) merit but due to some reasons no candidate was selected or appointed against the said vacancy and thereafter continuously for the years 1991 to 1993 no vacancy was declared or advertised nor during this period the defendants considered the selections of the year 1990 and thereafter in the year 1994, 131 vacancies for the post of teacher grade-IIIrd were advertised and the plaintiff again applied for the said vacancy revealing the particulars with which he appeared for the same vacancy of teacher grade-IIIrd advertised in the year 1990 but he was not considered on account of his overage while according to the plaintiff since the vacancy advertised in the year 1994 includes the vacancies of the years 1990 to 1993 and he has already been found successful for the year 1990 and at that time he was below the age of 33 years, therefore his candidature cannot be discarded, whereas according to the defendants the vacancies for the years 1990 to 1993 were filled by transfer and in the vacancies for the year 1994 no vacancy of the year 1990 or subsequent thereto was included since the same were filled by transfer and at the time of applying for the vacancy in the year 1994 the plaintiff was overage, therefore, his candidature was discarded. 3. The trial court after hearing the parties dismissed the suit of the plaintiff holding that the suit is not maintainable since notice as provided under section 109 of the CSA 254/09 Chander Kant Lawania Vs. State of Raj & Ors. CSA 255/09 Chander Kant Lawania Vs. State of Raj & Ors. (3) Panchayati Raj Act was not given to defendants no.2 & 3, however it was observed by the trial court that if the plaintiff is found eligible on the basis of the merit then he would be entitled to appointment on the post of teacher grade-III in the disputed vacancies, meaning thereby that the plaintiff was considered within age as he applied in the year 1990, selection of which could not be completed. 4. The plaintiff filed an appeal against the said judgment and decree and the defendants also filed cross objections. The learned First Appellate Court while allowing the cross objections of the defendants dismissed the appeal of the plaintiff holding that plaintiff utterly failed to prove that the vacancies fell vacant during 1990-1993 were clubbed and advertised in the year 1994. Hence, these second appeals by the plaintiff. 5. Heard learned counsel for the appellant on the point of admission and perused both the judgments of the courts below. 6. It was inter alia contended that appellant applied for the vacancies advertised in the year 1990 but selection process could not be completed and thereafter no vacancy was advertised for the year 1991 to 1993 and advertisement was made for the vacancies of 131 teachers in the year 1994 for which the plaintiff also applied but he was not CSA 254/09 Chander Kant Lawania Vs. State of Raj & Ors. CSA 255/09 Chander Kant Lawania Vs. State of Raj & Ors. (4) considered on the ground of overage whereas the vacancies which occurred in the year 1991-1992-1993 have been clubbed in the vacancies advertised in the year 1994, therefore plaintiff was eligible for consideration. 7. I have considered the above submissions. The First Appellate Court has considered this aspect in detail and found that plaintiff-appellant was overage for the vacancies advertised in the year 1994 and further he utterly failed to prove that the vacancies occurred in the year 1990 to 1993 have been clubbed in the vacancies advertised in the year 1994 and contrary to this it has been proved by the defendants that vacancies which fell vacant in the preceding years were filled by transfer of the teachers. I do not find any illegality or impropriety in the findings arrived at by the First Appellate Court. No substantial question of law arises in these second appeals. Therefore, both the appeals are liable to be dismissed at the admission stage. 8. Consequently, both the appeals along with stay applications are dismissed at the admission stage. (J.R. Goyal),J. VS Shekhawat/- Jr. P.A. D72-73