CW 8607/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.8607/07 Arvind Swarankar Versus RPSC & Ors. DATE OF ORDER : 29/08/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Rajendra Soni, for petitioner Mr. S.N. Kumawat, for respondent *** Counsel for petitioner submits that controversy raised herein has been examined by this Court in CWP-4005/08 (Ramraj Tada Vs. State) & cognate matters vide judgment dt.08/08/08 and this Court observed ad infra: “In the facts of instant case, this Court is of the opinion that since NCTE alone holds competence and in absence of guidelines or directives from NCTE, decision impugned taken by respondents in denying consideration to such candidates holding Senior Secondary (Voc.) as ineligible in no manner can be said to be in consonance with existing Scheme of Rules, 1996 particularly in terms of amendment dt.28/06/06 and such action of the respondent deserves to be set aside.” Counsel for respondents does also not dispute about controversy being decided vide judgment (supra). In the light of judgment (supra), writ petition stands allowed. Respondents are directed to consider candidature of petitioner in terms of CW 8607/07 [2] judgment, ibid, for appointment based on his participation having taken place in pursuance of advertisement dt.30/10/06 if otherwise suitable for appointment. All exercise be completed to comply with directions (supra) within three months. No order as to costs. [AJAY RASTOGI], J. FRBOHRA8607CW2007 29-8.doc