IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.4073/01 Krishna Kumar Yadav & Anr. vs. State of Rajasthan & Ors. Date of order : 5/11/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri N.S. Chouhan for the petitioners. Shri Hemant Gupta, Addl. Government Counsel for the State. ****** This writ petition has been filed on behalf of two petitioners. Shri N.S. Chouhan, learned counsel for the petitioner however submits that petitioner no.1 has already been appointed on the post of PTI Gr.II, therefore, he press the writ petition only for petitioner no.2 Smt. Kamlesh Kumari. It is contended that while the petitioner was belongings to OBC and he was denied the appointment on the ground that she has acquired the B.P.Ed. degree from Nagpur University. The petitioner has secured 101.5 marks in the examination, whereas one Miss Ved Kaur Yadav, who like the petitioner along belong to OBC has secured 96.09 marks and also having degree of B.P.Ed. From Nagpur University, was appointed. Learned counsel cited the judgement of this Court in Kamlesh Kumar Sharma vs. The State of Rajasthan & Ors.-S.B. Civil Writ Petition No.3421/05 decided on 12.01.2007, State of Rajasthan & Ors. vs. Hari Ram & 16 Ors.-2001 (1) WLC (Raj.) 124, Ashok Kumar Sharma & 15 Ors. vs. State of Rajasthan & Ors.-2000 (1) WLC (Raj.) 152. Learned counsel submits that though the petitioner is presently working on the post of PTI Gr.III, but she was unduly denied appointment on the post of PTI Gr.II, whereas candidate having lower merit than her, have been given the appointment. The writ petition is accordingly allowed with the direction to the respondents to consider the case of the petitioner for appointment on the post of Physical Teacher Gr.II and if eventually it is found that the candidate/candidates lower than him in merit have been appointed, the respondents are directed to consider the case of the petitioner for appointment and are further directed to appoint him with effect from the date the candidate immediately below him in the merit secured such appointment. The petitioner would be entitled to only notional benefits and not for the arrears of the salary for the intervening period. He would however be entitled for count the seniority from the date such candidate lower than him in the merit was appointed. Compliance of the judgement be made within three months from the date copy of this judgement is served upon him. (MOHAMMAD RAFIQ), J. RS/