CW 6745/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.6745/07 Vijay Singh Khakhil Versus State & Anr. DATE OF ORDER : 19/12/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Sandeep Garssa, for petitioner Mr. S.N. Kumawat, for RPSC *** Instant petition has been filed by petitioner for his fair consideration for appointment on the post of Teacher Gr.III in Primary & Upper Primary School against the vacancies reserved for OBC category advertised by the respondents in pursuance of advertisement dt.30th October, 2006. Petitioner being member of OBC submitted application and appeared in the written examination in which he was declared successful against the vacancies reserved for OBC category, his result was published in daily newspaper i.e. “Rajasthan Patrika” Ann.5 dt.24th April, 2007. When petitioner was not given appointment despite his final selection and placed in the order of merit, he approached this court through instant petition. CW 6745/07 [2] Respondent No.2-RPSC filed reply to the writ petition wherein this fact is not disputed that petitioner was finally selected, but in addition to it, it has been averred that documents related to his qualification of BSTC from Bihar Vidyalaya Pariksha Samiti, Patna were sent for its verification to the concerned institution by the Commission along with their letter dt.4th July, 2008 and since their report is still awaited, in absence whereof, he could not be considered for appointment. There is no material on record by which it can be inferred that documents submitted by the petitioner were forged or fabricated. In opinion of this court, there was no justification for the respondents in withholding his appointment despite his final selection. But, if Certificate as has been sent to the concerned institution for its verification, petitioner's selection will always be subject to its final outcome and if report is found to be adverse, that will certainly affect final selection of the petitioner also. CW 6745/07 [3] Consequently, writ petition stands allowed. Respondent No.2 is directed to recommend the name of petitioner to the State Government for Primary School Teacher in pursuance of advertisement dt.30th October, 2006. Respondent No.1 is also directed to give appointment to the petitioner. However, his appointment will be subject to final outcome of verification report which is still awaited and if any adverse report is received, respondents will be free to take action in accordance with law. Compliance be made within three months. No costs. [AJAY RASTOGI], J. FRBOHRA6745CW07 19-12.doc