NAMIT KUMAR, J. (ORAL)

1. The petitioner has invoked the writ jurisdiction of this Court under Articles 226/227 of the Constitution of India, seeking issuance of a writ of mandamus directing the respondents to consider the claim of the petitioner for appointment to the post of Physical Education Lecturer in the light of high merit (72.125 marks) secured by him in the selection process initiated vide advertisement dated 21.10.2006 (Annexure P-1) and to grant the petitioner notional appointment, continuity of service and all consequential benefits (including seniority) with effect from the date candidates lower in merit to the petitioner were appointed, in terms of judgment of this Court dated 13.08.2008 passed in CWP-19688 of 2006 (Annexure P-4).

2. The case set up by the petitioner is that pursuant to the advertisement dated 21.10.2006 (Annexure P-1), whereby 651 posts of Lecturers were advertised, out of which two were meant for SC (R&O) category, the petitioner applied under the SC(R&O) category. A final merit list was issued on 26.11.2006 (Annexure P-3), however, name of the petitioner did not figure in the said merit list. In the meanwhile, petitioner was appointed as Physical