SBCWP No.1781/02. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.1781/2002. Rajendra Kumar Saroj Vs. State of Rajasthan & Ors. Date of order : November 25, 2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Rajesh Raj Kumawat for the petitioner. Shri Akhilesh Jain, Deputy Government Counsel. **** BY THE COURT :- Heard learned counsel for the parties. 2) The only ground on which writ petition has been filed is that even though the petitioner secured 80.88% marks in the merit list and included at Sr.No.111 of the merit list for appointment on the post of Teacher Gr.III, the respondents have appointed Ramavtar Yadav, respondent No.3 who was only having 80.04% marks and who was at Sr.No.119 in the same merit list. 3) Shri Rajesh Raj Kumawat, learned counsel for the petitioner has argued that respondent No.3, Ramavtar Yadav was having lesser merit than the petitioner yet, he has been appointed. 4) Respondents in reply to writ petition have clarified that due to mistake, merit of Ramavtar SBCWP No.1781/02. 2 Yadav was wrongly determined. When he represented, the papers were examined and it was found that he had passed the Pre-Degree examination on implementation of new three years degree course of 10+2+3 which was equivalent to Senior Higher Secondary Examination in 10+2+3 scheme. Therefore, on the basis of re- evaluation, his merit was correctly assessed having secured 83.24% marks and resultantly, his name appeared at Sr.No.62 in the revised merit list. He was thus more meritorious than the petitioner. 5) In view of the clarification made by the respondents, I do not find any substance in the argument that the candidate lesser meritorious than the petitioner has been appointed. Writ petition is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil