Ramniwas vs State Of Rajasthan

Instant writ petition has been filed by the petitioner with the following prayers:-

It is, therefore, most humbly and respectfully prayed that the present writ petition may kindly be accepted and allowed and by an appropriate writ,

order or direction, the impugned order/letter dated 01.11.2018 issued by the respondents No.2 may kindly be directed to appoint the petitioner on the

post of Teacher Grade-II (Hindi) in respect of the advertisement dated 13.07.2016 with all consequential benefits w.e.f. first appointment in respect of

the same advertisement is made in the interest of justice.

Any other appropriate order or direction which this Hon'ble Court deems expedient in the facts and circumstances of the case may kindly passed in

favour of the petitioner.

Brief facts of the case are that the respondents have issued an advertisement dated 13.07.2016, in pursuance to the said advertisement, the petitioner

applied for the appointment on the post of Teacher Grade-II, subject (Hindi). According to the advertisement, a candidate can apply for the said post,

who is appearing in the final year of the required qualification, but he has to submit the proof of required qualification before the date of written test.

Admittedly, the written test for the post in question was held on 26.04.2017 and the result of B.Ed. Examination of the petitioner was declared on

06.12.2017 i.e. after the written test conducted by the recruiting agency/respondents.

The Hon'ble Supreme Court in the matter of Rajasthan Public Service Commission, Ajmer and another Vs. Shikun Ram Firuda and another, reported

in (2019) 10 SCC 271, in para No.10 has held as under:-

We find merit in the argument raised by the learned counsel for the appellants. The Press Note was issued only to allow the corrections or to change

category in the application forms already submitted online. Press Notice was not issued for giving an opportunity to the candidates to apply afresh.

Therefore, what could be corrected was the mistake or the category i.e. from General to any of the reserved category or vice versa but not that a

candidate who is not eligible in terms of advertisement issued on 18.06.2013 becomes eligible under the guise of correction of mistakes. We find that

the High court has erred in law in shifting the eligible date on the basis of Press Note which was restricted only for correction of mistakes or change

of category.

In that view of the matter, this writ petition deserves to be dismissed because the petitioner failed to fulfill the required educational qualification on the

date of written test.

Hence, the writ petition stands dismissed.