Tola Ram Meghwal vs State & Ors on 10 December, 2008

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                  S.B.CIVIL WRIT PETITION NO. 7061/2008
            Tola Ram          Vs.       State of Rajasthan & Ors.


             Date of Order       ::            10.12.2008


                HON'BLE MR. JUSTICE GOVIND MATHUR

      Mr C.P. Trivedi, for the petitioner/s.
                                 ...


      By this petition for writ a direction is sought by the petitioner for

respondents to give him appointment on the post of Prabodhak under

Rajasthan Panchayat Raj Prabodhak Service Rules, 2008. The factual

matrix necessary to be notices for adjudication by this petition for writ

is that the petitioner appearing in BSTC Second Year Examination in the

year 2004, however, his mark-sheet was not given to him by the

Institute concerned, therefore, he failed to submit the same to the

respondents alongwith the application submitted by him to be

considered for appointment as Prabodhak. The respondents by treating

the petitioner ineligible to be considered for appointment on the post of

Prabodhak rejected his application. The argument of the petitioner is

that the petitioner has already appeared in BSTC Second Year

Examination, and therefore,        his candidature should have been

considered by the respondents while making appointment as Prabodhak.




      I do not find any merit in the argument advanced.                The

requirement of the statute is that the aspirant to the post of Prabodhak
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          should possess the qualification of BSTC beside other academic

          qualification. The petitioner is admittedly not having the qualification

          aforesaid with him as no mark-sheet is given to him relating to the

          examination concerned. The respondents, therefore, rightly treated the

          petitioner in-eligible for consideration for appointment on the post in

          question.



                Accordingly, the petition for writ fails, hence, dismissed.



                                                            (GOVIND MATHUR), J.

Jgoyal’