- (1.) 04/01/2017 RPSC issued an advertisement for recruitment of different teachers interalia for the post of Primary and Upper Primary Classes on 02.09.2008. Those applying for the post of Primary Teacher Grade-III were required to have qualification of B.S.T.C. Sanskrit and those for the post of Teacher Grade-III in Upper Primary Schools, the qualification of B.Ed Sanskrit. In terms of the advertisement the code for applicants for appointment to the post of Teacher Grade-III in Sanskrit at the Primary School Level was 21 and for that of Teacher Grade-III in Sanskrit at the Upper Primary School Level was 24. The petitioner submitted his application from with Code No.21 i.e. Teacher Grade-III in Sanskrit at the Primary School Level.
(2.) Pursuant to the advertisement dated 02.09.2008, examinations were held by the RPSC for the post of Teachers Grade-III at various levels on 22.07.2009. In the result declared and communicated to the petitioner vide letter dated 07.05.2010, he was provisionally selected for the post of Teacher Grade-III in Sanskrit at the Primary School Level under the Code No.21 as he applied as such. On the petitioner submitting the requisite proforma application form sent by the RPSC alongwith requisite fee/documents for verification of his eligibility his case was considered and vide letter dated 20.09.2010 his candidature was rejected on the ground that he did not have the requisite qualification of B.S.T.C./diploma in Sanskrit prior to 25.07.2009 and for the said reason was not qualified for the post of Teacher Grade-III Sanskrit at the Primary Level. The case of the petitioner is that he had made a human error while applying to the post of Teacher Grade-III in Sanskrit under Code 21 pursuant to the advertisement dated 02.09.2008 when in fact he intended to apply under Code 24 relevant for consideration for appointment to the post of Teacher Grade-III in Sanskrit at the Upper Primary Level for which he had the requisite qualification/eligibility of B.Ed (Sanskrit). It has been submitted that in this view of the matter, the petitioner should not be excluded consideration for appointment to the post of Teacher Grade-III in Sanskrit at the Upper Primary Level and a direction should issue for his consideration for the said post, in the interest of equity and Justice.
(3.) In reply, RPSC has submitted that the petitioner had specifically applied for the post of Teacher Grade-III in Sanskrit under Code No.21 pursuant to the advertisement dated 02.09.2008 and his application from was thus relevant only for consideration for appointment as Teacher Grade-III Sanskrit at the Primary Level for which the requisite certificate of B.S.T.C. Sanskrit was mandatory. It has been submitted that albeit the petitioner was provisionally selected on the post he applied for, on verification of the documents relating to his eligibility it was found that he did not have the certificate of B.S.T.C. in Sanskrit and hence was ineligible for appointment to the post of Teacher Grade- III in Sanskrit at the Primary Level. It has been submitted that the petitioner not having applied under Code 24 for appointment to the post of Teacher Grade-III in Sanskrit at the Upper Primary Level he could and cannot be so considered. It has been submitted that it is incumbent on each applicant to be diligent in filling up application forms and apply for the post intended. Negligence cannot supply a cause of action for approaching this Court invoking its power under Article 226 of the Constitution of India. Nothing arbitrary can be attributed to the non consideration of the petitioner's candidature for the post of Teacher Grade-III in Sanskrit at the Upper Primary Level as the petitioner had not applied therefor. It has been prayed that no legal or fundamental right of the petitioner having been contravened, the petition be dismissed.;