1 S.B. CIVIL WRIT PETITION NO.476/2008 Smt.Krishna Kumari vs RPSC & Anr. DATE OF ORDER : - 22.1.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.CS Kotwani,for the petitioner. <><><> Heard learned counsel for the petitioner. The petitioner in response to the advertisement dated 27.8.2007 (Annex.2) appeared in the examination conducted for appointment to the post of Nurse Grade- II. As per condition mentioned in the said advertisement Annex.2 certain players only were given benefit of reservation and petitioner who took part in the State Level Sports is not eligible for the benefit, which is given to the players of the games of the level mentioned in the Annex.2. The contention of the petitioner is that the condition is stringent and because of this condition none of the candidate could get benefit of selection under the category of players. It is submitted that the State level sports have not been included when the appointment is in the State of Rajasthan. The petitioner is,therefore, challenging the condition by which no benefit is made available to the sportsman like petitioner. It is clear from the condition that the State 2 Government decided to give appointment to the certain sportsmen and laid down the norms for giving benefits to the players. The petitioner knowing well that only certain candidates are eligible for the benefit of appointment because of their performance in the sports appeared in the examination without challenging the condition and when petitioner failed to succeed in the examination has challenged the condition. In that situation, the petitioner cannot be permitted to challenge the condition, which he accepted before he took the examination under the advertisement dated 27.8.2007. Further more, the petitioner himself submits that he is a sportsman of a particular level and in support of which he has placed on record the sports certificates Annexs. 4 and 5 then it appears that petitioner tried to get selection on the basis of certificates which are not covered in the condition. It is true that in the examination form candidates were required to disclosed if they have taken part in any games including the State level games but that does not mean that, that disclosure can supersede the condition of having requisite qualification for getting the benefit by taking part in the games of International level as mentioned in the Annex.2. It is for the employer to decide to whom they can give benefit of employment. 3 In view of the above, I do not find any merit in this writ petition and the same is hereby dismissed. (PRAKASH TATIA), J. c.p.Goyal/-