1 IN THE HIGH COURT OF JUDICTURE FOR RAJASTHAN AT JODHPUR. O R D E R Joga Ram Choudhary. Versus State of Rajasthan & ors. S.B. Civil Writ Petition No. 4019/2004. ... Date of Order: January 04, 2007 PRESENT HON'BLE MR. JUSTICE H.R. PANWAR Mr. Girish Joshi, for the petitioner. Mr. Rameshwar Dave, Deputy Govt. Advocate. BY THE COURT: By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the non- petitioners to appoint him on the post of Teacher Grade III. A reply to the said writ petition has been filed by the non- petitioners. I have heard learned counsel for the parties. It is contended by the learned counsel for the petitioner that the petitioner possesses the requisite qualification for appointment on the post of Teacher Grade III. The petitioner passed the Secondary School Examination the year 1988 and Higher Secondary Examination in the year 1990 from the Board of Secondary Education, Rajasthan, Ajmer; Bachelor of Arts 2 (B.A.) from Osmania University, Hyderabad in the year 1991 vide Annx.1 and thereafter obtained the B.Ed. Degree from L.N. Mithila Unviersity, Kameshwarnagar, Darbhanga in 1993-94 vide Annx.2 and, therefore, the petitioner fulfills the requisite qualification for appointment on the post of Teacher Grade III. Learned counsel for the petitioner submits that the petitioner has been denied consideration for appointment vide Annx.3 on the post of teacher Grade III on the ground that the B.A. Degree obtained by him from Osmania University, Hyderabad is not a valid Degree and, therefore, though the name of the petitioner finds in the Final Merit List but it was cancelled vide order Annx.3. Learned counsel submits that out of nine persons, whose names have been cancelled from the merit list on the ground that the Degree from Osmania University, Hyderabad is not a valid, the name of the petitioner appears at Serial No.2 therein, whereas the person at Serial No.7, namely Sumer Singh, who also obtained B.A. Degree from Osmania University, Hyderabad and his name was in the select list and by the order Annx.3 his name was cancelled from the select list on the very ground, filed S.B. Civil Writ Petition No. 4316/99, which came to be decided on 14-5-2003. In Sumer Singh Vs. The State of Rajasthan & ors., 2003(4) WLC (Raj.) 107, this Court, while allowing the writ petition filed by similarly situated person, namely Sumer Singh, 3 directed the non-petitioners to give appointment to the petitioner therein, viz. Sumer Singh, on the post of Teacher Grade III in pursuance of the advertisement dated 15-6-98 within a period of two months subject to other eligibility criterion. The case of the present petitioner is on the similar footing. Learned Deputy Government Advocate, appearing for the State, contended that the writ petition suffers from delay and laches and also contended that the documents filed by the petitioner in support of his academic qualification and career appear to be suspicious to the extent that vide Annx.1 dated 12.5.1997, the petitioner failed in subject English by securing 32 marks out of 200 marks, as also by Annx.1 dated 12-5.97, it has been shown that he secured 84 marks out of 200 marks and declared passed, whereas on the date of issuing the first marks sheet i.e. 12-5-1997, the petitioner could not have appeared in the examination on the same day and secured 84 marks in English subject as appears from the second marks sheet which was issued on 12-5-1997, which creates a doubt. Be that as it may, in view of the decision in Sumer Singh Vs. State of Rajasthan & ors. (supra), in my view, the petitioner deserves consideration for appointment on the post of Teacher Grade III subject to genuineness and verification of his educational qualification including the B.A. Degree obtained by him from Osmania University, Hyderabad and the B.Ed. Degree 4 obtained by him from L.N. Mithila Unviersity, Kameshwar Nagar, Darbhanga (Annx.2). In the result, the writ petition is allowed and the non- petitioners are directed to consider the case of the petitioner for appointment on the post of Teacher Grade III in pursuance of the advertisement dated 15-6-98, subject to genuineness and verification of the B.A. Degree obtained by the petitioner from Osmania University, Hyderabad, as also the B.Ed. Degree from L.N. Mithila Unviersity, Kameshwarnagar, Darbhanga and if he is otherwise eligible and fulfills the eligibility criteria, he be appointed on the post of Teacher Grade III. However, if the petitioner is found eligible and appointed on the said post, he shall not be entitled for the emoluments of the post for the past. The stay petition also stands disposed of. There shall be no order as to costs. (H.R. PANWAR), J. mcs