Honble KOKJE, J.–The respondent had filed a petition challenging not consideration of his candidature for the post of Physical Training Instructor. The respondent had applied in response to an advertisement dated 20.5.91 Annex. 1 to the petition. As per the advertisement applications had to be sent through Distt. Employment Officer, Jodhpur. It was also stipulated in the advertisement that candidates registered with the Employment Exchange, Jodhpur could also directly apply to the Distt. Education Officer enclosing an attested copy of the Registration Card issued to them by the Employment Exchange. The respondent applied enclosing attested copy of the Registration Card issued to him by the Employment Exchange, Jodhpur. However, his candidature was not considered valid because on verification by the Distt. Education Officer from Employment Exchange it turned out that the respondents registration was cancelled and on the date of the application he was not registered with the Employment Exchange.

(2). The respondent contended in the petition that exclusion of his candidature only on the ground that the list forwarded by the Employment Exchange did not contain his name was illegal being

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