1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.13768/08 Goree Shankar Sharma vs. State & Anr. Date of order : 12/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Rajendra Vaish for the petitioner. Shri Ganesh Meena, Government Counsel for the respondents. ****** This writ petition has been filed by the petitioner claiming appointment on the post of Physical Education Teacher Gr.II on the premise that less meritorious persons than him have been appointed and his candidature has been rejected arbitrarily. The respondents advertised 6 vacancies of Physical Education Teacher Gr.II on 27.8.98. According to the petitioner, respondents as per the formula applied by them, assessed the marks of the petitioner as 108% marks and placed him at S.No.5 in the merit whereas the candidates having lesser merit than them were appointed. Example is given of Shri Hemant Vijay secured 96.6% marks and was placed at S.No.56, Sanjay Dadhich and Balkrishna Vashishtha respectively secured 96% marks yet were appointed in preference to the 2 petitioner whose placement in the merit was at 5. Recently, respondents given appointment to one Shri Shiv Kumar sharma vide order dated 21/7/2007. Learned counsel has cited the judgment of this Court in S.B. Civil Writ Petition No.5837/01, Subh Karan Singh vs. State & Ors. decided on 30.6.08 and argued that the premise on which the respondents declined appointment to the petitioners was that they were having degree of B.P.Ed. from Nagpur University which was not recognised for appointment on that said post has been held illegal pursuant to the judgment rendered by Division Bench of this Court in State of Rajasthan & Ors. vs. Hari Ram & Anr.- WLC 2001 (1) 124. The degree of B.P.Ed. which the petitioners have obtained from Nagpur University should therefore be treated as valid for the purpose of appointment. Learned counsel for the respondents has argued that the selection pertains to the year 1998 and therefore the writ petition which has been filed in the year 2008 may not be accepted because of the judgment 3 which was delivered by division bench of this Court on 30.9.2000, wherein the direction for appointment was confined to those petitioners, who had approached this Court. Learned counsel for the petitioner has at this stage invited attention of the Court towards yet another judgment delivered by coordinate bench of this Court in Satya Prakash Soni vs. State & Anr.-S.B. Civil Writ Petition No.6337/03 decided on 30.9.05 and said that in that case despite the fact that selection pertains to the year 1998 and the petitioner was similarly denied appointment on account of degree issued from Nagpur University, this Court directed the respondents to consider his case for appointment with effect from the date less meritorious persons were given appointment with all consequential benefits. In the judgment of this Court in Subh Karan Singh however, this Court has taking note of the similar arguments accordingly moulded the relief by directing that petitioner would be entitled to appointment on the post of 4 Physical Education Teacher Gr.II with effect from the date the candidates less meritorious than him were appointed. Petitioner, however, would be entitled to only notional benefits for the intervening period. In the present case also, the ends of justice would be met if the similar direction is issued. In the result, this writ petition is allowed. The respondents are directed to consider the candidature of the petitioner and if adjudged suitable, grant him appointment with effect from the date of appointment was granted to candidates immediately below him in merit were appointed. However, petitioner shall be entitled only for notional benefits from the date his juniors were granted appointment. Compliance of the judgment be made within a period of three months from the date its copy is produced before the respondents. (MOHAMMAD RAFIQ), J. anil