1. - By this writ petition, the petitioner is seeking an appropriate writ, order or direction for appointment to the post of Teacher Grade - III advertised vide advertisement No.01/96 dated 7.1.1997 published in the newspaper dated 8.1.1997(Anx.1) in the OBC category.

2. Briefly stated, the relevant facts and the order/judgment passed in the writ petition relating to remand, are that after doing graduation, the petitioner passed B.Ed. Examination in the year 1996 and the mark - sheet was issued on 17.3.1997. On the date of advertisement i.e.8.1.1997, the petitioner could not apply because he had completed 33 years as his date of birth is 1.8.1963. However, the Government relaxed the age by two years in case of OBC candidates and consequently, a Corrigendum (Anx.2) dated 31.3.1997, published in the newspaper on 3.4.1997, was issued giving relaxation of 2 years to the OBC candidates in respect of the selection in question. As per the said Corrigendum, the last date of receipt of application for appointment was 15.4.1997 and the petitioner applied before the said date on the basis of which interview letter was issued on 27.4.1997. Subsequently, the interview was held and the petitioner was kept at Sl.No.111 in the general list. The selection letters were issued to the candidates who obtained 83.05% marks whereas the petitioner secured 83.46% marks and was kept at Sl.No.32 of the merit list of OBC but was not given appointment, therefore, the petitioner filed the present writ petition on the ground that persons lower in merit have been given appointment.

3. In reply, the respondents have submitted that during the course of interview, on verification of the documents, it was found that on the last date of submission of the application form i.e. 25.1.1997, the petitioner was not possessing the basic academic qualification and further, they have also disputed the marks of the last candidate 83.05% being the cut off marks of all categories.

4. The petitioner filed rejoinder in which it was submitted that the petitioner has passed out his B.Ed. Examination prior to 25.1.1997 as would be evident from the mark sheet (Anx.7) itself which is of June, 1996. Otherwise also, as per the Corrigendum, the last date for submission of the application form was 15.4.1997, therefore, for all purposes, 15.4.1997 is the relevant date to decide the issue of petitioner's possessing the academic qualification.

5. The other relevant facts relating to the remand of the case to the Single Bench are that on 15.1.2004, the writ petition was dismissed on the ground that the selection process was over and the appointments have also been given long back. In the appeal filed by the petitioner before the Division Bench, both the parties agreed that the writ petition may be restored for reconsideration of the issue by the Single Judge and the court has accepted the said request.

6. I have gone through record of the writ petition and further considered rival submission of counsel for the parties.

7. Before, proceeding further, it is relevant to reproduce the order dated 15.1.2004 of the Single Bench and 15.5.2007 of the Division Bench. The same are as under:ORDER dated 15.1.2004

"Petitioner is claiming appointment to the post of Teacher Grade III in pursuance to the advertisement issued way back in the year 1997.

Since the whole selection process is over and the appoisntments have also been given long back, in the facts & circumstances of the present case, I find no ground for any further interference of this Court after more than six years.

The writ petition is dismissed accordingly as having no merit."
ORDER dated 15.5.2007 of the Division Bench in DBSAW No.143/2004

"We heard the counsel for the appellant, Additional Advocate General for the respondent Nos.1 to 3 and the counsel for the respondent no.4.

2. The counsel and the Additional Advocate General for the parties agree that the writ petition be restored for re - consideration by the Single Judge on all aspects