Mohammad Rafiq, J. - (1.) PETITIONERS have filed this writ petition for quashment of order dt; 14.02.2008 (Annexure -12) to the extent of applying the notifications of 2006 (Annexure -14 and 15) to the petitioners, with further prayer for a direction to respondents to hold them entitled to draw their pay in the pay scale of Rs. 4500 -7000 along -with all allowances admissible under the Rules as well as annual grade increments, selection' scale and benefit of leaves, which are admissible and extended to similarly situated persons. Further prayer is also made for declaring that the notifications of 2006 (Annexure -14 and 15) are not applicable to the petitioners. Pursuant to advertisement No. 1/96, the petitioners applied for the post of Teacher Gr. III in the pay scale of 9 -A i.e. Rs. 4500 -7000.
(2.) THE State Government in its circular dt. 05.05.1996 did not make any mention about the condition that marks obtained in original examination will only be taken into consideration for preparation of merit. Another circular dt. 24.07.1996 came to be issued specifying that marks obtained in original examination of secondary school certificate, will only be considered, on the contrary, this circular in its para 7(b) states that if a candidate produces marks -sheet of secondary school examination taken for improvement of division/marks before the last date of submission of application form, the same shall be taken into consideration while determining the merit. Petitioners passed their secondary school examination and then improved their marks in subsequent secondary school examination from the Board of secondary Education, Rajasthan.
(3.) THE respondents issued another circular dt. 20.07.1996, which provides that if a candidate produces a marks -sheet for the purpose of improvement of division/marks before the last date of application or before the process of determination of merit starts, it shall be considered while determining merit. This clearly indicated that the marks obtained at the subsequent examination for improvement of division/marks were to be considered for determining merit.;