PUSHPENDRA SINGH BHATI,J. - (1.) Petitioner has preferred this writ petition with the following prayer:- "1. The impugned action of the respondents in not giving appointment to the petitioner for the post of Teacher Grade III (Level-II) subject Social Studies in pursuance of Teacher Grade III Direct Recruitment Competitive Examination-2013 while not revising the result for all advertised posts and proceedings in pursuance thereof in wrong manner may kindly be declared illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India. 2. The action of the respondents while not inviting all successful aspirants for document verification who have earlier participated in the process of document verification/counselling but did not join the post and resultantly further considering such posts as filled up is per se illegal, contrary to object of selection process and in violation of Articles 14, 16 and 21 of the Constitution of India. 3. The action of the respondents while considering the posts in the revised recruitment process as vacant on which earlier appointments were made but left vacant due to resignation of appointed candidates, may kindly be declared unjust, arbitrary and contrary to law. 4. The action of the respondents while providing appointment under Sportsman category prior to due verification of the sports certificates may kindly be declared unjust, arbitrary and bad in eye of law. 5. The action of the respondents while permitting the migration of reserved category candidates to General category who have either availed the relaxation in Graduation examination or age relaxation, may kindly be declared unjust, arbitrary and contrary to law and the respondents be directed to migrate such aspirants of reserved category to General category and accordingly, if petitioners comes in merit of OBC category, then they be given appointment. 6. The record pertaining to preparation of result may kindly be summoned before this Hon'ble Court and the same be examined and if any illegality/irregularity is found therein then the respondents be directed to rectify the same by revising the result in accordance with law and if petitioner comes in merit, then he be afforded appointment with all consequential benefits. 7. The respondents may kindly be directed to give appointment to the petitioner on the post of Teacher Grade III (Level II) subject Social Studies with all consequential benefits, if the candidates lesser meritorious than the petitioner is still serving with the respondent department on the post of Teacher Grade III (Level-II) subject Social Studies. 8. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner."
(2.) Learned counsel for the petitioner states that the matter is squarely covered by the judgment passed by this Court in Ramchandra Bajiya v. State of Rajasthan and Ors., S.B. Civil Writ Petition No. 16612 of 2017, decided on 04.01.2018 , the judgment reads as under:- "1. Petitioner has preferred this writ petition with the following prayer:- "1. The impugned action of the respondents in giving appointment to the petitioner for the post of Teacher Grade III (Level-II) subject Science Maths in pursuance of Teacher Grade III Direct Recruitment Competitive Examination-2013 may kindly be declared illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India. 2. The action of the respondents while permitting the migration of reserved category candidates to General Category who have either availed the relaxation in graduation examination or age relaxation, may kindly be declared unjust, arbitrary and contrary to law and the respondents be directed to migrate such aspirants of reserved category to General Category and accordingly, if petitioner comes in merit of OBC Category, then he be given appointment. 3. The action of the respondents while considering the posts in the revised recruitment process as vacant on which earlier appointments were made but left vacant duet o resignation of appointed candidates, may kindly be declared unjust, arbitrary and contrary to law. 4. The record pertaining to preparation of result may kindly be summoned before this Hon'ble Court and the same be examined and if any illegality/irregularity is found therein then the respondents be directed to rectify the same by revising the result in accordance with law and if petitioner comes in merit, then he be afforded appointment with all consequential benefits. 5. The respondents may kindly be directed to give appointment to the petitioner on the post of Teacher Grade III (Level II) subject Science Maths with all consequential benefits, if the candidates lesser meritorious than the petitioner is still serving with the respondent department on the post of Teacher Grade III (Level-II) subject Science Maths. 6. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner." 2. Learned counsel for the petitioner has submitted that the petitioner having participated in the selection process for the post of Teacher Grade-III Level-I and II through direct recruitment competitive examination 2013 is entitled for being considered in the General category even when he was qualifying in the General Category on account of his graduation marks. Learned counsel for the petitioner has admitted that though the petitioner has availed the relaxation of 5% available to the OBC Candidate in graduation examination but he still ought to have been allowed to migrate in the General Category. 3. Learned counsel for the petitioner has further stated that on account of non-joining the post should have been treated as vacant. Learned counsel for the petitioner has also submitted that the revised result entitled the petitioner for being appointed on his own merits on the post of Teacher Grade III (level II) subject Science Maths as he had secured the required marks of 145.50 marks. Learned counsel for the petitioner has submitted that though he is in position to migrate due to his lower merit but if such migration was permitted to other candidates then probably the seats in the reserved class may fall vacant. 4. Learned counsel for the respondents has opposed the three submissions on count that the selection process is already over and at this stage, the petitioner cannot be permitted to challenge the basic nature of selection process without impleading the selected candidates as parties. Learned counsel for the respondents has also objected to the consideration of the petitioner on the count that the petitioner in his category i.e. OBC Male has secured 145.50 marks whereas the cut-off are 145.67 marks and the petitioner is lower in merit than the cut-off marks. Learned counsel for the respondents has also objected that in accordance with the precedent law of the Hon'ble Apex Court in the matter of Jitendra Kumar Singh v. State of U.P. , the Hon'ble Apex Court had made it clear that the person availing relaxation in merit in educational qualifications would be given the benefit of migrating to the General category. 5. Learned counsel for the respondent has also submitted that the petitioner has availed the relaxation of 5% available to the OBC candidate in graduation and therefore, the petitioner is being qualified on account of such relaxation on merits in graduation. Learned counsel for the respondents has further stated that on his own merits, the petitioner does qualify and if some earlier candidates who were appointed prior to the revised result have been appointed then those candidates cannot be ousted at this stage as the directions of the Hon'ble Apex Court on the earlier occasion were there to protect the candidate who are already in employment. 6. Learned counsel for the respondent has relied upon the judgment passed by the Rajasthan High Court in Emarat Ram Pooniya and Ors. v. State of Rajasthan, WLC (Raj.) 2005, P. 358 , the relevant portion of this judgment, reads as under:- "Thus it is now well settled that if a candidates takes a calculated chance and participate in the selection process, then only because the result of the selection is not palatable to him, he cannot turn around and subsequently contend that he process of selection was not proper." 7. After hearing counsel for the parties and perusing the record of the case, this Court is of the opinion that the petitioner has approached this Court at a belated stage challenging the recruitment process of competitive examination 2013 for appointment of Teacher Grade III. The stand of learned counsel for the petitioner that such process was not open to challenge on the earlier occasion cannot be accepted as the respondents themselves have adopted a uniform procedure whereby they have revised the results only on account of the orders of this Hon'ble Court and such revision has been implemented strictly in accordance with law and as per the precedent law settled. The precedent law had made it clear that the candidates in lower merit had already joined and those joined candidates who have discharged the duties for considerable time shall not be ousted and those candidates being under the protection of the orders of this Hon'ble Court cannot be ousted at this stage, at the instance of candidates like the petitioner. The question of migration to the General category is very well covered by the precedent law laid down by Hon'ble Apex Court in the matter of Jitendra Kumar v. State of U.P. as the Hon'ble Court has specified that except for the relaxation of age and fee, any other relaxation on merits would disentitle a person to migrate from reserved category to General category. Admittedly, this is not a case where the petitioner has only taken the relaxation on account of age or fee but he has taken the relaxation of 5% in merit for qualifying in graduation to the OBC category. The petitioner has clearly taken advantage of the relaxation on merits and has been qualified only on account of he being an OBC candidate. The petitioner admittedly has secured 145.50 marks whereas the cut-off marks for the OBC Male category in the selection process in question is 145.67 marks, thus, the petitioner does not have required merit to be selected. The prayer of pushing other OBC candidate to General category cannot be considered in the current writ petition in light of the fact that no details are there on record to show as to how those other candidates now in the OBC category, as vaguely argued, would be entitled to migrate in the General category. Learned counsel for the petitioner has candidly admitted that the petitioner himself is not entitled for migration as he is in the bottom line of merit. 8. Thus, no interference in the present writ petition is called for and the same is dismissed. "
(3.) In light of the afore quoted judgment, this writ petition is dismissed in the same terms.;