1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.1499/2002. : : Virendra Singh & Anr.Vs. State of Rajasthan & Ors. : : Date of Order 20.11.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Ms.Naina Saraf for the petitioner. Mr.Aklesh Jain, Deputy Govt.Counsel for the State. The controversy raised in the present matter is whether the petitioner is entitled to count improved marks in his secondary examination for the purpose of appointment on the post of Teacher Grade-III. The petitioner No.1-Virendra Singh upon improvement secured 76.18% marks in the secondary examination for the year 1997 and the petitioner No.2-Ramesh Chand upon improvement secured 62.36% marks in the secondary examination for the year 1995. Learned counsel for the petitioner at the outset submitted that this controversy is squarely covered by Division Bench judgment, which was referred to Larger Bench and the Larger Bench in the case of Brijendra Kumar Jaiman Vs. State of Rajasthan & Ors. : 2007 WLC (Raj.) Vol.6 2 Pg.554, has resolved the controversy by holding that the candidates would be entitled to count the improved marks for the purpose of determination of their merit. The respondents in reply to the writ petition have given the cut off marks which is in the General category is 88.79% and in OBC category is 84.83% marks. Learned counsel for the petitioner submits that while petitioner No.1 is a candidate belonging to OBC category and petitioner No.2 is a candidate belonging to General category. The petitioner No.1 does not come within the merit as per the cut off marks given by the respondents, but the petitioner having merit of 89.77% marks upon improvement is definitely having more marks in General category. However, learned counsel for the petitioner submits that respondents have been appointed candidates lower than the petitioner. The respondents are directed to consider the case of the petitioner and if petitioner No.1 Virendra Singh is able to prove satisfaction to the respondents that he belongs to OBC category and not otherwise and the respondents are also directed to consider his case and if they found that any candidate lower than the petitioner No.1 was appointed also consider his case for appointment w.e.f from the date of 3 which the candidates immediately below him in the merit was appointed. In that event, he shall be only entitled to notional benefits. Similarly if the respondents upon undertaking the exercise as directed aforesaid finds that any candidates having lower marks than the petitioner No.2 Ramesh Chand was also appointed shall also consider his case for appointment with effect from the date such candidate immediately below him was appointed and accordingly appoint him. He shall also be entitled to notional benefits. In the result, this writ petition is allowed in the terms indicated above. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.18.