CWP 5326/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.5326/2007 Surajmal Raigar Versus State & RPSC. Date of Order ::: 11/09/08 Hon'ble Mr. Justice Ajay Rastogi Mr. RC Joshi, for petitioner Mr. SN Kumawat, for respondent RPSC Mr. JK Agrawal, addl.Govt. Counsel, for respondent State Keeping in view short controversy, matter has been finally heard at joint request of both the parties at admission stage. Petitioner who is member of SC category & eligible applied for the post of Primary/Upper Primary School Teacher under Rajasthan Panchayati Raj Rules, 1996 in pursuance of advertisement dt. 30/10/06 before last date 16/12/06 through registered post on 17/11/06 as is evident from postal registry charges receipt No.3179 (Ex.6), which as per postal authority was delivered in the office of respondent PSC on 20/11/06 (Ex.15) much before last date (16/12/06). However, application of petitioner was not traced out in the office of respondent RPSC but despite being eligible when admission card was not issued, petitioner approached the respondent PSC and on appraisal of aforesaid postal receipt and delivery of his application by postal authority, he was permitted to appear provisionally in CWP 5326/07 //2// written examination vide admission card (Ex.7) – result whereof was declared, wherein petitioner secured 75.33% marks and as per cut-off marks fixed by respondent PSC in case of SC (Gen) category was 68.67% and indeed, the petitioner is much higher in merit as per aforesaid cut off marks in SC (Gen) category. At this stage, petitioner approached this Court. Counsel for petitioner submits that once postal authority delivered application form sent by petitioner through registered post vide receipt dt.17/11/06 (Ex.6) much before last dt.16/12/06, if it was not traceable in the office of respondent RPSC, atleast petitioner cannot be deprived from legitimate right of consideration. Respondents have filed reply to writ petition, inter-alia making averment that application of petitioner was not received but admission card (Ex.7) was provisionally issued. Be that as it may, once petitioner was permitted to appear in written examination and is otherwise eligible, rather indisputably secured marks more than cut off marks fixed by PSC for SC category (Gen) in written examination, his merit is much higher than last candidate recommended is otherwise entitled to be considered for appointment. CWP 5326/07 //3// Consequently, writ petition is disposed of with the direction to the respondent RPSC to recommend name of petitioner to State Government within one month for the post of Primary/Upper Primary School Teacher in pursuance of advertisement dt.30/10/06 as per his merit on the basis of marks secured by him in SC category (General) and State Government is also directed to consider him for appointment to the post (supra) within one month of receipt of recommendations of the PSC. All exercise in compliance of aforesaid direction be completed within two months. However, petitioner will be entitled to all consequential benefits including notional pay except salary for the period during which he has not actually worked. No order as to costs. (Ajay Rastogi), J. K.Khatri/p3/5326CW07-1109.doc