ORDER :

Arun Bhansali, J.

1. This writ petition has been filed by the petitioner aggrieved against the order dated 5/10/2021 (Annex. 10) passed by the respondents, whereby, the representation made by the petitioner has been rejected. Further a direction has been sought to treat the application form dated 10/10/2017 (Annex. 5) of the petitioner as having applied for the post of Teacher Gr. III Level-2 for Mathematics & Science and consider her candidature pursuant to the advertisement dated 11/9/2017 and accord her appointment, if the petitioner has obtained marks more than the cut off.

2. It is inter alia indicated in the writ petition that the respondents issued an advertisement dated 6/7/2016 (Annex. 1) for appointment to the post of Teacher Gr. III Level-2. Pursuant to the said advertisement, the petitioner applied for the subjects Maths & Science. Further, an amended advertisement was issued by the respondents on 11/9/2017, wherein, the requirement indicated was that those who have already applied were not required to fill up fresh form, however, they were required to update their data with reference to their earlier application reference ID and on failure their applications shall not be considered.

3. The petitioner pursuant to the amended advertisement, filled up the application (Annex. 5). It is claimed that due to inadvertence, the application was made for Teacher Gr. III subject 'English' instead of subject 'Maths & Science'. Though the petitioner was called for document verification in the year 2018 for subject 'English', however, as the petitioner had originally applied for subject 'Maths & Science', she gave a representation dated 4/4/2018 (Annex. 6) requiring the respondents to correct the mistake, however, respondents did not do the needful and as the petitioner did not fall within the cut off for subject 'Maths & Science', she did not pursue her case.

4. However, due to subsequent development, wherein, waiting list was issued and the cut off published for subject 'Maths & Science', when the petitioner found herself eligible, she again made a representation on 26/7/2021 and when the same was not adverted to, she approached this Court by way of S.B. Civil Writ Petition No. 10999/2021, which came to be decided on 1/9/2021 by the coordinate bench of this Court requiring the petitioner to file a representation, which was directed to be decided appropriately. The petitioner again filed a representation which came to be rejected by order dated 5/10/2021.

5. Learned counsel for the petitioner made submissions that the respondents are not justified in rejecting the representation of the petitioner inasmuch as once the original form of the petitioner indicated the subjects 'Maths & Science', in the subsequent form while filling up the particulars under earlier application reference ID, inadvertently her subject was changed to 'English', the respondents were required to change the subject of the petitioner and as the petitioner falls within the cut off marks, she is entitled to be accorded appointment.

6. Learned counsel for the respondents vehemently opposed the submissions. It was submitted that prayer of the petitioner is highly belated inasmuch as in 2018 itself the petitioner became aware of the purported mistake, however, she did not approach the respondents and the document filed with the representation dated 4/4/2018 is a concocted document.

7. Submissions were made that when the petitioner did not appear for document verification in the year 2018, then & there her candidature was cancelled and as such to seek resurrection of candidature and getting the same changed from subject 'English' to subject 'Maths & Science' cannot be countenanced.

8. It was submitted that on account of delay and the fact that petitioner had applied for subject 'English' only and her candidature already stands rejected, no interference is called for in the present writ petition.

9. Reliance has been placed on Kavita v. State of Rajasthan & Ors., S.B