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 8.2.2000 with a prayer that by an appropriate writ order or direction, the respondents may be directed to appoint the petitioner on the post of Physical Education Teacher as per merit list prepared by the respondent No. 2 (The Dist. Education Officer (Secondary), Jalore) in pursuance to the advertisement issued in the year 1998 and further more the respondents may be directed to assign seniority to the petitioner where he stood in the original seniority list i.e. above the person who were junior to the petitioner.
(2.) THE facts of the case as put forward by the petitioner are as under: (i) That the petitioner after passing secondary and Higher Secondary Examination from the Board of Secondary Education, Rajasthan, Ajmer obtained Bachelor's degree from the University of Ajmer. (ii) That in the year 1996, the petitioner entered in the Freedom Fighter Krishna Rao Sathone Sharirik Shikshan Mahavidhyalaya, Khairgaon, Dist. Nagpur (hereinafter referred to as College) recognized by the Government for Physical Education Course degree. The petitioner was enrolled with the said University with No. NU/9/25377 and completed Academic year 1996 -97. Thereafter he passed the final examination before 15.5.1997 with first division. Roll number of the petitioner was 33959. (iii) That in the year 1998, respondent No. 2 advertised some vacancies for appointment on the post of Physical Education Teacher under various schools. The petitioner submitted his application form before the respondent No. 2 after completing all necessary formalities. (iv) That in the month of January, 1999, a provisional seniority list for eligible candidates for appointment on the post of Physical Education Teacher was prepared by the respondents and the name of the petitioner was found at serial No. 11 in the merit list. (v) That further case of the petitioner is that he was not given appointment as the respondents confused themselves from the list of colleges related to with the University of Nagpur sent by it on 15.7.1998 on the ground that name of college is mentioned as 'Sainik Krishnarao Sathon Sharirik Shikshan Mahavidhyalaya, Khergaon (Nagpur). Therefore, the respondent No. 2 sent a letter dtd. 25.2.1999 (Annex. 2) to the Assistant Registrar (College), Nagpur University Nagpur for clarification of the name of the college as to whether any difference is there between the 'Freedom fighter' and 'Sainik'. (vi) That it is further submitted by the petitioner that in the reply to the letter dtd. 25.2.1999 (Annex. 2), University of Nagpur sent a reply dtd. 8.3.1999 (Annex. 3) to the respondent No. 2 and intimated that there is no difference between the 'Sainik Krishnarao Sothane Sharirik Shikshan Mahavidhyalaya, Khergaon and 'Freedom Fighter Krishnarao Sothane Sharirik Shikshan Mahavidhyalaya, Khergaon. It was also mentioned in the reply that in the list sent by the University on 15.7.1998, the name of the said college is at serial No. 27. (vii)The petitioner further submitted that after receiving the above reply (Annex. 3) and clarification, the respondent No. 2 was under obligation to appoint the petitioner as Physical Education Teacher, but the respondent No. 2 was again confused by the letter dtd. 8.3.1999 (Annex. 3) whether the Nagpur University had changed its name as Nagpur Vidhyapeeth and through letter dtd. 11.3.1999 (Annex. 4) again made a query from the Assistant Registrar, Nagpur University and the query was answered by the Nagpur University vide letter dtd. 15.3.1999 stating that in Marathi University is known as Vidhyapeeth and there is no difference between University and Vidhyapeeth. Thereafter the petitioner submitted all relevant documents which were necessary for giving appointment to the petitioner, but he was not given appointment though he stood at serial No. 11 in the merit list. Hence, this writ petition with the abovementioned prayer. Reply to the writ petition was filed by the respondents admitting that the petitioner stood at serial No. 11 in the merit list and it was further admitted that the queries were made from time to time and by the replies of the Nagpur University to the queries made by the respondents, the confusion pertaining to the degree of the petitioner was removed, but since there is ban on the appointment, therefore, the petitioner was not given appointment. Hence, this writ petition be dismissed.
(3.) I have heard both.;