1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. O R D E R Chanda Dosi. Versus State of Rajasthan & ors. S.B. Civil Writ Petition No. 3127/2006 ... Date of Order: Sept.26, 2008 PRESENT HON'BLE MR. JUSTICE H.R. PANWAR Mr. Ashok Kumar Jain, for the petitioner. Mr. Shyam Toshniwal for Mr. N.M. Lodha, for the respondents. BY THE COURT: By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondents to give her appointment on the post of Teacher Grade III from the date when other similarly situated candidates were appointed, with all consequential benefits. I have heard learned counsel for the parties. The facts and circumstances giving rise to the instant writ petition are that the respondents advertised the posts of Teachers Grade III by publishing it in the daily newspaper 2 “Dainik Bhaskar” dated 10-4-2005 (Annx.4). In the advertisement Annx.4, it has been specifically mentioned that the eligibility of the candidate is that one should have passed the Higher Secondary School Examination under the old scheme or Senior Secondary Examination under the new scheme with five subjects, three of which should be Mathematics, English and Hindi. Admittedly, the petitioner did not have the subject Mathematics and, therefore, she was not found eligible for the said post. This controversy came to be considered and decided by a coordinate Bench of this Court in Smt. Sarita & 10 ors. Vs. State & Anr., 2006 (2) Western Law Cases (Raj.) 769, wherein Condition No.5 in the advertisement providing three subjects, namely Mathematics, English and Hindi, came to be challenged and the condition No.5 of the advertisement was held to be valid. It was held that the eligibility has to be as per the advertisement. Since, in the instant case, the petitioner did not have one of the subjects, i.e. Mathematics and, therefore, she was not eligible and rightly denied the consideration. In my view, the respondents were justified in denying consideration of the petitioners candidature as she did not have one of the subjects, i.e. Mathematics, as provided in the advertisement Annx.4. In the circumstances, therefore, the controversy 3 involved in the instant case stands concluded by the decision of this Court in Smt. Sarita & 10 ors. Vs. State & Anr. (supra). The writ petition is devoid of merit and, therefore, dismissed. There shall be no order as to costs. The stay petition also stands dismissed. (H.R. PANWAR), J. mcs