1. - This writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 9.11.95 with a prayer that the impugned order dated 22.7.95 (Annex.P/13) by which the petitioner was not given appointment on the post of Teacher Grade III on the ground that the select list had expired be quashed and set aside with all consequential benefits and the petitioner may be given appointment on the post of Teacher Grade III according to his merit.

2. The facts of the case as put forward by the petitioner are as under :

i) That the petitioner passed his B.Ed. examination from Mahirishi Dayanand University. Rohtak (hereinafter referred to as the University, Rohtak) by correspondence course and thus, the petitioner had requisite qualification to be appointed on the post of Teacher Grade III.

ii) That in the year 1991, the respondent No. 3 (The Chief Executive Officer and Secretary Dist. Establishment Committee, Zila Parishad, Churu) invited applications for the post of Teacher Grade III under the Zila Parishad, Churu. The said advertisement (Annex.P/2) was published in the Rajasthan Patrika dated 24.12.91. In pursuance that the advertisement (Annex.P/2), the petitioner applied for the post of Teacher Grade III on the basis of B.Ed. Degree obtained from University, Rohtak.

iii) That the respondents prepared a provisional merit list of the suitable candidates calling them for the interview. In that provisional merit list, the name of the petitioner was not included. The petitioner came to know from the respondents that his name was not included because the B.Ed. degree obtained by him from the University, Rohtak was not recognised by the State Government and, therefore, the candidature of the petitioner was not considered and he was not called for the interview which was held on 13.3.92.

iv) That when the candidature of the petitioner was not considered by the respondents, he filed a suit before the Munsif, Churu. In that suit temporary injunction was granted by the Court on 7.4.92 after hearing both the parties directing the respondent No. 3 to consider the candidature of the petitioner for the post of Teacher Grade III and further direction was given to include his name in the select list according to his merit and give him appointment. A copy of order of temporary injunction dated 7.4.92 is marked as Annex. P/3.

v) That after the temporary injunction dated 7.4.92 (Annex.P/3) was granted, the petitioner approached the respondent No. 3 to give him appointment on the post of Teacher Grade III as per Court's order.

vi) That some other candidates whose candidature was not considered on the ground that they obtained B.Ed. degree from the University, Rohtak filed writ petition before this Hon'ble Court and this Court vide order dated 21.2.91 allowed that writ petition holding that the said degree be recognised and even special appeal filed by the State Government against the order dated 21.2.91 was dismissed and the SLP was also rejected. Thereafter the order dated 30.4.93 (Annex.P/6) was issued by the Government of Rajasthan clarifying that the B.Ed. Degree obtained from the University, Rohtak shall be recognised for the purpose of giving appointment on the post of Teacher Grade III.

vii) That thereafter the petitioner again moved an application on 11.9.93 (Annex.P/7) seeking appointment on the post of Teacher Grade III.

viii) That in pursuance of advertisement No. 5/91 (Annex.P/2), final select list was issued on 14.10.93 and in that select list, the last candidate was having 47.86% marks whereas as per the merit formula, the petitioner's total percentage was 48.85% and this fact was also admitted by the respondents while filing reply in the court of Munsif Magistrate, Churu.

ix) That after issuance of final select list on 14.10.93, the petitioner again moved applications dated 3.11.93 and 11.2.94 (Annex.P/8 and P/9 respectively) for seeking appointment on the post of Teacher Grade III.

x) That t