CW 8346/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.8346/2006 Sanjeev Dangi Versus RPSC & Ors. Date of Order ::: 18/02/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Bhupendra Pareek for Mr. SP Sharma, for petitioner Mr. SN Kumawat Addl.Adv.Gen. ) Mr. SL Kumawat ) for respondents State & PSC Instant petition has been filed with the grievance that despite petitioner was selected and placed in merit list for the post of Teacher Gr.III, still his name was not recommended and considered for appointment. In the reply, respondent PSC inter-alia averred that petitioner was however, considered and selected against vacancy reserved for OBC (Male), for which last cut off marks were (130) and with date of birth was 01/07/1979 and petitioner also secured equal marks i.e. 130 which was the cut-off marks but being younger in OBC (Male) category, hence could not be considered for appointment. It has also been averred that the respondent RPSC took decision to arrange name of such persons having secured equal marks on the principle of general suitability/criteria evolved by PSC – reference whereof has been made in para 5 of the reply. CW 8346/06 //2// Counsel for respondents submits that criteria adopted by PSC to determine inter-se merit of incumbent who secured equal marks and determining their merit on the basis of elder in age; was upheld by Co-ordinate Bench of this Court in Anand Kumar Parashar Vs. State (CWP- 7886/2006 & 25 other writ petitions) vide judgment dt.19/02/07 – against which special appeal was filed but dismissed vide judgment dt. 11/02/08 (Special Appeal (Writ)-1014/2007 Vinod Kr. Sharma & Ors Vs. State). In view of judgment of this Court (supra), petitioner certainly could not have been considered for appointment as he was younger in age qua last cut-off candidate in OBC (Male) category. Consequently, writ petition fails and is hereby dismissed. No costs. (Ajay Rastogi), J. K.Khatri/p.2/8346CW0618Fb.doc