Abdul Moin, J. - (1.) Heard learned counsel for the petitioners and Sri P.K.Singh, learned Additional Chief Standing counsel appearing for the respondent no. 1 and Sri Gaurav Mehrotra, learned counsel representing respondent no. 2.
(2.) By means of the present petition, the petitioners have prayed for a Mandamus commanding the respondents to include the marks of degree in the merit of the petitioners. For this relief, learned counsel for the petitioners has placed reliance on para-12 of the advertisement, copy of which is annexure-1 to the writ petition which had been issued for the post of Junior Assistant in the year 2016. The argument of the learned counsel for the petitioners is that the said advertisement vide para-12 provides that those candidates who have done the graduation with 60 percent and above marks would be entitled for 10 marks, those who have done the graduation having attained 45 percent to 60 percent marks would be entitled to eight marks and those candidates who are having marks between 33 percent to less than 45 percent marks would be given five marks. It is the contention on the part of the petitioner that despite the said condition in the advertisement, the respondents are not counting the percentage of marks obtained by the petitioners in their graduate examination, as they had completed their graduation and marks sheet indicating the same has been issued on 25.07.2016. Consequently, it is argued that once they have done the graduation as such in terms of para-12 of the advertisement, they are entitled for having their marks of graduation counted even if they have done their graduation subsequent to the last date fixed for receipt of applications which in the instant case is 11.03.2016.
(3.) When this case was taken up on 28.07.2018, this Court had granted time to Sri Gaurav Mehortra, learned counsel representing respondent no. 2 to seek instructions as to whether the marks for graduation as have been stipulated in para-12 of the advertisement are being granted by the Selection Commission or not.;