CW – 1990/1995 -Mahendra Kumar Vs. State of Rajasthan & Anr. Judgment dt.10.9.08 1/3 S.B. CIVIL WRIT PETITION NO.1990/1995 Mahendra Kumar Vs. The State of Rajasthan & Anr. Date of order : 10th September, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Arvind Samdariya for the petitioner. Mr. B.L. Bhati, Addl. Government Advocate. --------- 1. Heard learned counsels. 2. By this writ petition, the petitioner claimed a writ to be issued to the respondents to consider his higher marks obtained by him in Higher Secondary in comparison of marks obtained by him in Secondary Examination so as to consider his candidature for the appointment on the post of Physical Training Teacher in pursuance of advertisement Annex.1 for the post of Physical Training Teachers advertised in the year 1995-96. 3. Learned counsel for the petitioner submitted that since the eligibility qualifications envisaged both Secondary and Higher Secondary qualifications along with certificate of Physical Training Education by the State Government, naturally and obviously the respondents ought to have taken into account the higher marks obtained by the petitioner in Higher Secondary for the said purpose and ought to have prepared the merit list accordingly. The petitioner has contended in the writ petition that considering the marks of the Secondary Examination, he was placed at serial No.121 in the merit list whereas had the marks of Higher Secondary Examination taken CW – 1990/1995 -Mahendra Kumar Vs. State of Rajasthan & Anr. Judgment dt.10.9.08 2/3 into consideration, he would have placed at the merit No.44 in the said merit list. 4. The respondents contended in the reply that marks of only Secondary Examination for all candidates in question were taken into consideration and, therefore, there is no unreasonable classification made by the respondents in the selection process. Learned counsel for the respondents has submitted that in the advertisement Annex.1, the eligibility of both the examinations is the minimum eligibility criteria and the said advertisement never stipulated that higher marks obtained in either of these two qualifications would be taken into consideration for preparation of the merit list. 5. Having heard learned counsels and upon perusal of the record of the case, this Court finds no ground to grant any relief to the petitioner in the present case. Article 14 of the Constitution of India cannot be said to have been breached by mere classification. It is the only unreasonable classification or singling out of the petitioner without any reasonable basis which can be assailed in writ jurisdiction of this Court. The petitioner has only stated that since both the qualifications for eligibility were mentioned only the higher marks obtained by the petitioner in higher secondary ought to have been taken into consideration. However, this submission is neither borne out in advertisement nor otherwise established by the petitioner. Since both the qualifications are admittedly the minimum entry point for the said selection process, the petitioner could not CW – 1990/1995 -Mahendra Kumar Vs. State of Rajasthan & Anr. Judgment dt.10.9.08 3/3 himself carve out a distinction for enforcing higher marks of either of the qualifications only to be taken into account. Since the respondents have categorically stated before this Court that marks obtained by all the candidates in secondary only were considered and merit list was accordingly prepared, this Court finds no violation of any right of the petitioner in this regard. 6. The writ petition is thus, found to be devoid of merit. The same is accordingly dismissed. [ DR. VINEET KOTHARI ], J. item No.s.3 babulal/-