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 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 not 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.;