SBCWP No.2745/2007 Bhupesh Godara. Vs. State of Raj. & Ors. -1- S.B. Civil Writ Petition No.2745/2007 Bhupesh Godara. vs. State of Rajasthan & ors. DATE OF ORDER :: 12.8.2009 PRESENT HON'BLE MR. PRAKASH TATIA, J. Mr.PP Choudhary, for the petitioner. Mr.Nimesh Suthar for Mr.RL Jangid, Addl. Advocate General, for the respondents. ------ Heard learned counsel for the parties. The petitioner in response to the advertisement issued by the respondents on 29.5.2004 for appointment and recruitment to the post of Primary School Teachers, applied and at that time, the petitioner was required to hold the B.Ed. Degree but the petitioner was declared failed on 20.11.2004 in two subjects. The petitioner applied for revaluation and then in revaluation, the petitioner was declared passed. The petitioner on recommendation of RPSC was given appointment vide order Annex.P/2 dated 2.2.2006. Said appointment order was cancelled vide order Annex.P/3 dated 8.2.2007 on the ground that the SBCWP No.2745/2007 Bhupesh Godara. Vs. State of Raj. & Ors. -2- petitioner had no B.Ed. Degree in his favour. The petitioner challenged the order Annex.P/2 by filing this writ petition. Interim order was passed in favour of the petitioner on 10.5.2007 staying the operation of order dated 8.2.2007. The respondents submitted reply and along with the reply placed on record the order Annex.R/1 whereby the order Annex.P/3 was withdrawn on the ground that the petitioner was possessing the requisite qualification of B.Ed. Substantially nothing survives in this writ petition except that the petitioner has apprehension that he may not get all consequential benefits for which he became entitled to by virtue of order Annex.R/1. Since the respondents themselves found that the petitioner's services have wrongly been terminated and the order Annex.P/3 dated 8.2.2007 has been withdrawn, then the petitioner's apprehension that he will not get all consequential benefits is having no basis because the order dated 8.2.2007 if it is withdrawn, then SBCWP No.2745/2007 Bhupesh Godara. Vs. State of Raj. & Ors. -3- it will be deemed to have not been passed at all resulting into all consequential benefits to the petitioner because the order dated 8.2.2007 is admittedly an order passed under wrong assumption. Consequently, this writ petition is disposed of with the aforesaid directions. (PRAKASH TATIA), J. S.Phophaliya/-