Candidates participating in a selection process cannot later challenge its terms after being declared unsuccessful; acceptance of terms is binding.

ORDER :

NUPUR BHATI, J.

1. The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India claiming following relief(s):

“It is, therefore, most humbly and respectfully prayed that the writ petition may kindly be allowed and by issuing an appropriate writ, order or direction:

i. By an appropriate writ order or direction, the point no.7 & 8 both important instructions given in admit card (Annex.3) may kindly be quashed and set-aside.

ii. By an appropriate writ order or direction, the respondent may kindly be directed to consider the candidature of the petitioner for the post of Teacher Grade-III Level-I and grant appointment on the post of Teacher Grade-III Level-I in pursuance to notification dated 11.07.2024 (Annex.-1) with all consequential benefits.

iii. Any other appropriate relief which this Hon'ble High Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

iv. Cost of this writ petition may also kindly be passed in favour of the petitioner.”

2. Factual prism obtaining in the present case is that petitioner is a Teacher Grade-III Level-I, presently posted at the Government Upper Primary School, Banwaron ki Dhani Pur, Rajeev Nagar, District Jalore, Rajasthan, and a resident of District Bundi. Pursuant to notification dated 11.07.2024 (Annex.1) issued by the respondent No.2, applications were invited for filling vacancies of Teacher Grade-III Level-I in Mahatma Gandhi Government (English Medium) School and Swami Vivekanand Government Adarsh School (English Medium).

3. Selection hinged on a written examination requiring a minimum qualifying score of 40 out of 100 marks, with negative marking of 1/4 marks per incorrect answer. Being eligible, the petitioner applied for Districts Bundi, Baran, Bhilwara, Jaipur, and Chittorgarh. He was issued an admit card and appeared for the examination on 25.08.2024 as scheduled, ultimately securing 51 marks upon result declaration. Notably, points 7 and 8, requiring darkening of circles in the question booklet, were inserted mid-process, absent from the original notification.

4. Vide press note dated 26.06.2025 (Annex.6), qualified candidates were directed to submit district preferences via the Shala Darpan Portal for available vacancies. District and school allotments followed on 30.06.2025 (Annex.7), with joining instructions. The petitioner attempted compliance but encountered unavailability of options, unlike candidates scoring lower marks. Upon departmental inquiry, he learned his candidature had been cancelled under point 8 of the admit card instructions for failing to darken any of the five circles in more than 10% of the question booklet questions, as evidenced by the annexed OMR sheet (Annex.5).

5. Aggrieved by this differential treatment and procedural irregularity, the petitioner invokes the extraordinary jurisdiction of this Court by way of filing the present writ petition.

6. Counsel for the petitioner submits that respondents, at the time of issuing advertisement dated 11.07.2024 (Annex.1) had laid down the selection criteria; wherein, a note was mentioned that for each wrong answer, 1/4^th marks would be deducted; whereas, at the time of issuing Admit Card (Annex.3), the respondents had changed the rules of the game as it bears instructions that if a candidate is not attempting a particular Ⓔ question, then Circle is required to be darken and in case none of the five circles is darkened, then, 1/4^th marks shall be deducted, along with the instruction that if none of the five circles is darken by a candidate in more than 10% questions, then that candid