1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.4121/1999. : : Sharwan Kumar Jangid Vs. State of Rajasthan & Anr. : : Date of Order 16.12.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.S.K.Singodiya for the petitioner. Mr.Aklesh Jain, Dy.Govt.Counsel for the State. This writ petition has been filed with the prayer that respondents be directed to take into consideration the marks obtained by the petitioner in the subsequent Praveshika taken by him for improvement of his marks and accordingly consider his candidature for appointment on the post of Teacher Grade-III. Learned counsel for the petitioner at the outset has cited the judgment of Full Bench of this Court in the case of Brijendra Kumar Jaiman Vs. State of Rajasthan & Ors. : SB Civil Writ Petition No.582/1997 decided on 29.7.2008 – WLC (Raj.) 2008 (4) 554. A perusal of the aforesaid judgment indicates that the Larger Bench in the light of conflicting judgments on the 2 issue resolved the controversy by holding that the improved marks obtained in Secondary Examination can be considered for drawing the merit list of the candidate for appointment to the posts of Teacher/PTI Grade-III. In view of this authoritative pronouncement, this writ petition deserves to be succeed and is accordingly allowed. The respondents are directed to consider the case of the petitioner by taking into account the improved marks secured by him and on that basis, consider him for appointment on the post of Primary School Teacher and if petitioner is eventually appointed pursuant to this judgment, he shall be entitled to notional benefits with reference to the appointment of the candidate immediately below him in the merit list. Compliance of the judgment be made within three months from the date copy of the judgment is produced before the respondents. (MOHAMMAD RAFIQ)J. A.Arora/-