CWP-3131/02 (1) In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.3131/2002 Mohammed Naim Vs. State of Raj. & Ors. Date Of Order :: 04/08/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Himmat Singh, for petitioner. Ms. Priyanka Pareek, Dy. Govt. Counsel for respondents. Application has been filed by the petitioner pointing out that dispute raised in the instant petition has been decided by the Court reported in 2009(1) RLW (Raj) page 7- Brijendra Kumar Jaman Vs. State of Rajasthan & Ors, which has not been disputed by respondents' counsel, however, submits that matter is pending before Apex Court. The present petitioner applied for the post of Teacher Grade-III pursuant to advertisement dt.7.11.2000. However, he was eligible and permitted to participate in the selection process initiated by the respondents. However, his merit was assessed/computed on the basis of Senior Secondary and Secondary School Examination but it appears that petitioner improved his division later on in the secondary school examination in the year 1996. However, grievance was raised that his merit was required to be assessed/computed on the basis of improved marks of secondary school examination and since that was not taken note CWP-3131/02 (2) of while his name finds place in the order of merit, that was the cause of grievance which the petitioner raised before this Court by filing instant petition. The larger Bench of this Court considered in the judgment referred to supra and observed as under:- In view of the discussions made herein above, we answer the reference thus :- Questions (i) : Answer : 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 Gr.III. Question (ii) Answer : The Director, Primary & Secondary Education is not competent to issue Circulars and Guidelines laying down criteria for drawing merit list for appointment to the posts of Teacher/PTI Gr.III. In the light of the judgment referred to supra, the present petition is hereby allowed. The respondents are directed to consider candidature of the petitioner after taking note of the improved marks of the Secondary School Examination and reassess his CWP-3131/02 (3) merit and if finds place in the merit which was prepared in reference to the advertisement dt.7.11.2000 and any person lower in merit after his merit being reassessed has been considered for appointment the petitioner may also be considered for appointment. However, finally if his name finds place in merit for appointment, he will be entitled to notional benefits to which he is entitled under law. With these directions, the writ petition stands disposed of. Necessary orders may be passed within three months. No cost. (Ajay Rastogi),J. VS Shekhawat/-p.3 3131cw02Aug04Fnl.doc