S.B.CIVIL WRIT PETITION NO.1493/97-Aamir Mohd. Vs. State of Raj. & Anr. DATE OF ORDER : 15/12/2008 1/2 S.B.CIVIL WRIT PETITION NO.1493/97 (Aamir Mohd. Vs. State of Raj. & Anr.) DATE OF ORDER : 15/12/2008 HON'BLE DR.JUSTICE VINEET KOTHARI None present for the petitioner. Mr.B.L.Bhati, for the respondent-State. The petitioner by this writ petition has prayed that if the vacancies for the post of Teachers were determined in the year 1995 itself and advertised in that year, he would have become eligible and would not have become overage but since that was not done and vacancies were determined and advertised in 1996 vide Annex.2 Advertisement only he has become overage. Learned counsel for the respondents submits that petitioner cannot through this writ petition claim any relief with retrospective effect as claimed by him and there is no fault on the part of respondent State in not advertising and filling up the vacancies of 1995. It is the terms and conditions when the vacancies are advertised which are relevant and, therefore, if the petitioner was not eligible in the year 1996 when the posts were advertised, no such mandamus can be issued holding him to be eligible throughout. He relied upon the Supreme Court decision in case of Rajasthan Public Service Commission vs. Smt. Anand Kanwar & ors. Civil Appeal No.52/1993 decided on 8/2/1995. The relevant portion of the said judgment is as under:- “We are of the view that the High Court fell into S.B.CIVIL WRIT PETITION NO.1493/97-Aamir Mohd. Vs. State of Raj. & Anr. DATE OF ORDER : 15/12/2008 2/2 patent error bordering on perversity in issuing the directions on the reasoning quoted above. It is settled proposition of law that the eligibility of a candidate has to be determined on the basis of the terms and conditions of the advertisement in response to which the candidate applies. There is nothing on the record to show that the State Government was in any manner negligent or at fault in not making the direct recruitment during the period 1983-89. Be that as it may, the High Court was not justified in taking the clock back to the period when unfilled vacancies were existing and holding that since the respondent was eligible on the date when vacancies fell vacant, she continues to be so till the time the vacancies are filled. Due to inaction on the part of the State Government in not filling the posts year-wise, the respondent cannot get a right to participate in the selection despite being over-aged.” In view of aforesaid decision of the Supreme Court, no relief can be granted to the petitioner in this writ petition. The writ petition is found to be devoid of merit and the same is accordingly dismissed. Copy of this order be sent to petitioner. (DR.VINEET KOTHARI), J. item no.12 baweja/-