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2009 Supreme(Raj) 2542

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Ajay Rastogi, J.
Prakash C. Choudhary - Appellant
Versus
R.P.S.C. - Respondent
Civil Writ Petition No.8661,8662,8665,8666,8670,8672,8673,8675,8678,8679,8682,8685 of 2009.
Decided On : 8-12-2009

For the Petitioner:SK Gupta, HR Kumawat, Anil Upman Anshuman Saxena, Neeraj Sharma, Chandra P.Sharma, Kamal Gupta, Pushpendra Psoingh, Rajesh Bhamboo,Rishi Kr. Sharma, Tanveer Ahmed, & Kaleem A.Khan, Advocates.
For the Respondent:Mr. S.N.Kumawat, Advocate, Mr. Ganesh Meena, Govt. Counsel for state.

Headnote:Constitution of India, Art. 16 and 226 – Petitioner applied for the post of teacher – his candidature was rejected on the ground of omission to write post code or writing wrong post code in O.M.R sheet – however he was previously allowed to appear in the examination – the court ordered for declaration of result of the petitioner within 15 days.

JUDGMENT

1. - All these petitions being based on common facts involving identical controversy raised at the bar are being decided together at joint request by present order.Being eligible for the posts of Teachers (Sanskrit)/General Teachers Gr.III advertised by Rajasthan Public Service CW 8661/09 Commission Ajmer ("PSC") vide notification No.1/Exam. "Ga"/Adhyapak/Sanskrit Shiksha/2008 - 09/1125/dated 20/06/2008 petitioners submitted their applications for the post of Teachers (Sanskrit)/General Teachers Gr.III but their candidature was rejected only on the premises of either having filled up wrong post Code or failed to fill up post Code in OMR sheet being appended to the application form or having been made available to the applicants through downloading from internet website of respondent - PSC - by virtue whereof, they were not permitted to appear in Teacher (Sanskrit)/General Teachers Gr.III competitive examination, 2008 which was scheduled to be held on 22/07/09 as is evident from press notification dated 02/07/09. Under interim orders all of them were provisionally permitted to participate in process of selection and appear in aforesaid competitive examination, 2008 subject to production of proof regarding "Bar Code" and declaration of result of their participation was made subject to permission of this Court. However, pursuant to interim orders, Admit cards were issued to respective petitioners.

2. Counsel submits that controversy raised herein has been decided by this Court in CWP - 8359/2009 & bunch of others ( Naval Kishore Sharma v. State & Ors.) on 30/11/09) holding ad infra:

"In the light of what has been observed (supra), all these writ petitions are disposed of with the direction to the respondent - PSC to declare result of participation of the writ petitioners who have appeared under interim orders of this Court, by wide publication & circulation including through internet website of respondent - PSC within fifteen days and if placed in the merit list, respondents are directed to consider them for appointment as per order of their respective merit prepared by respondent - PSC in pursuance of advertisement dated 20/06/08. No costs."

3. Consequently these petitions are also disposed of in terms of judgment dated 30/11/09 quoted supra. No order as to costs.Order accordingly.

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