R.C. Gandhi, J. - (1.) THESE petitions involve common questions of facts and law for determination and are being decided by this common order.
(2.) THE petitioners seek issuance of writ of Mandamus directing the respondents to appoint them pursuant to their selections to the posts of Primary Teachers against primary Teachers Examination -2004 and further direction to the State/respondent not to send any requisition to the Rajasthan Public Service Commission, Ajmer (hereinafter referred to as the Commission') to fill up the posts. The respondent/Commission issued Advertisement Notice dt. 02.06.2004 inviting applications from desirous candidates seeking consideration for selection and appointment to the posts of Primary Teachers. The petitioners, being eligible, applied for the posts.
(3.) THE Commission advertised 25,712 posts. Subsequently, these posts were increased to 35,712. The petitioners appeared in the Examination and were declared selected. The result of the examination was declared on 12.02.2005. The respondent/Commissioner, Elementary and Primary Education, Government of Rajasthan, Bikaner, Jaipur sent a requisition to the commission for sending names of 33,900 selected candidates but the Commission sent names of only 32,000 candidates and declined to send the names of remaining candidates. The petitioners though are the selected candidates but their names were not sent for the reason that a situation arose before the Commission that in the selection many candidates secured equal marks and all could not be accommodated against the advertised vacancies. The Commission, in order to resolve this controversy, adopted a criteria for forwarding the names of the candidates i.e. who is older in age, has secured higher education or secured higher division in Senior Secondary Examination, amongst such candidates and accordingly the panel of the candidates was prepared and sent.;