Sunil Kumar Garg, J. - (1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 18.6.2002 with a prayer that by an appropriate writ, order or direction, the respondents may be directed to appoint the petitioner as Para Teacher Physical Education in the Gram Panchayat Galiwas Pachpadriya as he secured first merit position in the select panel dated 20.5.2002 and the respondents may further be directed to allow the petitioner for training immediately in pursuance to petitioner's merit position secured in the select list dated 20.5.2002.
(2.) THE facts as put forward by the petitioner are as under: (i) That the petitioner belongs to Scheduled Caste and possesses Bachelor's degree in Arts and Bachelor's degree in Physical Education. (ii) That in pursuance of the advertisement dated 5.5.2002 (Annex. 1) for the post of Para Teacher Physical Education in the Gram Panchayat Galiawas Pachpadriya under Rohit Panchayat Samiti, the petitioner applied for the same. The requirement for the post of Para Teacher Physical Education in respect of educational qualification, age, selection procedure, procedure for preparation of merit list was circulated vide circular dated 30.4.2001 (Annex. 2) issued by the Secretary, Panchayati Raj Department, Jaipur. (iii) That the Selection Committee after receipt of the application forms from the eligible candidates prepared a select panel dated 20.5.2002 as per the criteria provided under the Circular 30.4.2001 (Annex. 2) in the select list dated 20.5.2002, the petitioner was placed at serial No. 1 as he secured 45.67% marks. (iv) That the further case of the petitioner is that the advertised post was reserved for Scheduled Tribe, but in view of non -availability of candidates belonging to Scheduled Tribe, select panel was prepared from amongst the candidates belonging to Scheduled Caste, OBC and General Category in preferential order. (v) That the petitioner was verbally informed about his selection as Para Teacher, Physical Education in the Gram Panchayat Galiawas under Panchayat Samiti, Rohit. (vi) That the further case of the petitioner is that since he secured first position in the select list dated 20.5.2002, therefore, a right accrued in favour of the petitioner for appointment as Para Teacher Physical Education but the respondents arbitrarily ignored the case of the petitioner and sent the respondent No. 4 for training. This action on the part of the respondents has been challenged in this writ petition. In this writ petition following submissions have been made by the learned Counsel for the petitioner: (i) That the action of the respondents by which the candidature of the petitioner was ignored violates the constitutional safeguard provided under Articles 14, 16, 21 & 300A of the Constitution of India. (ii) That the Selection Committee became functus officio after preparation of the final panel dated 20.5.2002 and thus, the act of the respondents in sending respondent No. 4 (Champa Lal) for training is nothing but glaring example of misuse of administrative power and hence the writ petition be allowed.
(3.) REPLY to the writ petition was filed by the respondent No. 4 and it has been contended by the respondent No. 4 that the advertisement dated 5.5.2002 (Annex. 1) was issued on the basis of circular dated 30.4.2001 (Annex. 2) and the Circular dated 30.4.2001 (Annex. 2) stood superseded by the Circular dated 14.5.2002 (Annex. R/1) issued by the Director, Primary Education, Bikaner (respondent No. 1). In the circular dated 14.5.2002 (Annex. R/1) issued by the respondent No. 1 (Director, Primary Education, Bikaner) it has been made clear that any candidate having certificate of National Sports Competition will be given 15 marks, while in old Circular dated 30.4.2001 (Annex. 2) only two marks were awarded for the candidate having Certificate of National Sports Competition and thus, since the respondent No. 4 was having certificate of National Sports Competition, therefore he was awarded 15 marks and thus, he secured 57.81% marks which is more than the marks obtained by the petitioner and thus, he was rightly sent for the training. Hence, the writ petition be dismissed.;