M.N. Bhandari, J. - (1.) WITH consent of the parties, all the writ petitions have been heard together and decided by this common order.
(2.) THIS bunch of writ petitions involves common question of law. The advertisement was issued by the Rajasthan Public Service Commission (for short 'the Commission') on 1.5.2011, for recruitment to the post of Senior Teacher Gr II in the subjects of Mathematics, Science, English, Hindi and Social Science. The petitioners applied for the posts and appeared in the selection test. The result of the examination was declared by the Commission but, thereafter, few writ petitions were filed by those, who appeared in the selection in the subjects of Mathematics and Science. The challenge to the selection was precisely on the ground that they had opted for the medium of paper to be in English but was given in Hindi thus this court allowed the writ petitions with a direction to the Commission to hold their examination by providing paper in English. It is stated that after acceptance of initial petitions, number of other petitions were allowed. It was irrespective of the fact that the objections were required to be given in three days but were not given by those petitioners. The Commission, accordingly, preferred review petition in subsequent writ petitions and an ad interim order has been passed by the court. The Commission anticipated posts to be filled by those petitioners, who opted paper in English for the post of Sr Teacher Gr II in the subjects of Mathematics and Science, thus to keep posts for them, denied appointment to the petitioners even though few petitioners did not opt for the post of Sr Teacher Gr II Mathematics and Science but were for Hindi, English and Social Science. In fact, the Commission has withheld 5% posts in all the subjects though, so far as posts of Sr Teacher Gr II in the subjects of Hindi, English and Social Science are concerned, no dispute exist in those writ petitions. The prayer is accordingly made to direct the respondents to make appointment on the post of Sr Teacher Gr II (Hindi/English/Social Science) withheld by the Commission.
(3.) THE second ground urged by learned counsel for petitioners is that on declaration of cut off marks after the result of the selection test, scrutiny of documents were made by the Commission, wherein, many candidates were found ineligible. In view of above, the Commission was required to revise the cut off marks so as to fill all the unfilled posts remain vacant by those candidates, who were found ineligible. The unfilled posts should be filled in order of merit.;