1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.3388/2005 (Sukha Ram Vs. State of Raj. & Anr.) Date of order : 29.7.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Kuldeep Mathur, for the petitioner. Mr. B.L. Bhati, Dy. Govt. Counsel. Heard learned counsel for the parties. In this writ petition, the claim of the petitioner is that he has filed application for recruitment on the post of Physical Teacher Grade-III against the vacancies advertised in the Sirohi District along with all his qualification documents. As per the petitioner he is possessing B.P.E. Degree from M.D.S. University, Ajmer as well as B.P.Ed. from Nagpur University obtained in the year 1999. The petitioner is claiming his right of consideration for appointment on the ground that both the qualification acquired by him is recognized and can be considered for providing appointment as Physical Teacher Grade-III but at the time of considering candidature of the petitioner, the marks 2 obtained by the petitioner in B.P.E. were taken into account whereas he has obtained higher marks in B.P.Ed., which is acquired by him from Nagpur University in the year 1999. The claim of the petitioner is that he is having option to claim benefit of qualification of higher marks, out of two qualifications recognized by the respondents. The petitioner made a prayer to the respondents to take marks of B.P.Ed. into account for the purpose of preparing merit but it has not been done and erroneously, the respondents considered the marks obtained by the petitioner in B.P.E. Degree acquired by him from M.D.S. University, Ajmer. Therefore, his name does not find place in the merit prepared by the respondents for providing appointment. Learned counsel for the petitioner has invited attention of this Court towards the fact that earlier a writ petition was preferred by the petitioner in which the learned Single Judge of this Court has passed an order on 7.7.2004 whereby it was ordered that the petitioner's representation Annexure- 9 may be disposed of, if not already disposed of within a period of four weeks. In pursuance of the said order, the respondents, again denied consideration for calculating the marks obtained by the petitioner in B.P.Ed degree from Nagpur University. Therefore, in this writ petition, again 3 the petitioner is seeking direction against the respondents for calculating his marks obtained by him in B.P.Ed degree acquired from Nagpur University for the purpose of preparing merit instead of marks of B.P.E. Degree of M.D.S. University, Ajmer. Learned Dy. Govt. Counsel vehemently argued that once the petitioner's candidature was considered according to the documents filed by him then he is not entitled to say that now his other qualification may be taken into account for reckoning merit. Hence, it is prayed that this writ petition may kindly be dismissed. I have considered the rival sub mission made by both the parties. In my opinion, once as per the advertisement both the qualification i.e. B.P.E. and B.P.Ed. are recognized for the purpose of reckoning merit then the petitioner is at liberty to say that higher marks obtained by him in a particular qualification shall be considered. Admittedly, the petitioner acquired lesser percentage of marks in B.P.E. Degree, then the marks obtained in B.P.Ed degree acquired from Nagpur University. Therefore, in my opinion, the petitioner can claim his right of consideration for appointment on the basis of marks obtained by him in B.P.Ed degree acquired by him from Nagpur University in the year 4 1999 because the said qualification is also recognized as eligibility for appointment on the post of Physical Teacher Grade-III. In this view of the matter, this writ petition is allowed. The respondents are directed to reconsider the case of the petitioner for the purpose of preparing merit while calculating the marks obtained by the petitioner in B.P.Ed. degree obtained from Nagpur University and after consideration, if the petitioner comes within merit, then he may also be provided appointment from the date the person having lesser marks has been provided appointment. Further, it is required to be observed that at the time of consideration, the recognition of the qualification of B.P.Ed. degree from Nagpur University may also be considered by the respondents for the purpose of his eligibility for recruitment on the post of Teacher Grade-III. It is also made clear that in the event of appointment the petitioner will not be entitled for any back wages but he shall be given notional benefits with regard to seniority etc. The respondents are further directed to complete this exercise within a period of three months from the date of certified copy of this order. No order as to cost. ```````` (GOPAL KRISHAN VYAS), J. arun