PARIHAR, J. - (1.) PETITIONER applied for the post of lecturer in the subject of History in pursuance of advertisement issued by the respondent-Commission. The interviews were to be held on 25. 4. 2003. Before that, petitioner had submitted the provisional certificate issued by University of Rajasthan on 25. 3. 2003, certifying the petitioner has been declared passed in second division in the History (Traditional) Examination held in the year 2002. Initially, the name of the petitioner was included in the select list as per correspondence made by the respondent- Commission vide letter dated 25. 4. 2003, however, subsequently, the petitioner was informed that his selection has been cancelled vide letter dated 30. 05. 2003. The selection was cancelled only on the ground that petitioner has passed MA examination in the year 1998 with IIIrd division, however, subsequently, on improvement of marks, he has been declared passed in second division in the examination of 2002 and, as such, was not eligible for the post in question.
(2.) LEARNED counsel for the respondents could not show any rule or condition in the advertisement that improvement in marks shall not be considered for selection to the post in question, more so, when the petitioner had been declared passed in second division by the University of Rajasthan prior to the date of interview which was the only condition mentioned in the advertisement. The judgment cited by the learned counsel for the respondent in the case of Keshuram vs. Zila Parishad Sriganganagar (1), is not at all applicable in the facts and circumstances of the present case. Accordingly, the writ petition is allowed. The respondent- Commission is directed to recommend the name of the petitioner for appointment to the post in question as per his merit and the respondent-State Government is also directed to give appointment to the petitioner as per the merit on the post of lecturer (History ). The recommendation be made by the Commission and appointment letter be issued to the petitioner by the concerning authorities within thirty days from the date of receipt of certified copy of this order. It is, however, made clear that petitioner shall be entitled for seniority as per the merit fixed by the Commission, however, he will get the financial benefits only from the date of joining. .;