1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.9096/02 Prema Ram vs. State & Ors. Date of order : 6/4/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Tarun Choudhary for the petitioner. Shri Pradeep Kalwania, Addl. Govt. Counsel for the respondents. ****** This writ petition has been filed by the petitioner with the grievance that the persons lesser meritorious than the petitioner have been appointed whereas the case of the petitioner has been ignored. The petitioner has claimed appointment on the post of Physical Education Teacher Gr.II pursuant to the advertisement dated 9.8.98. The claim of the petitioner was resisted by the respondents on the premise that as per the rules and conditions of advertisement, the candidate should require to possess the qualification of B.P.Ed. (four years degree course) but the petitioner is having the qualification of B.P.Ed. (three years degree course). Besides this, it is stated that similar writ 2 petitions involving similar controversy have been dismissed by this Court. Even otherwise, the petitioner secured 92.96% marks whereas the last candidate appointed in the category was having 95.29% marks. In either of the case, no case of issuance of writ of mandamus has been made out in view of what has been stated by the respondents in their reply. The writ petition is therefore dismissed. (MOHAMMAD RAFIQ), J. RS/