B. S. CHAUHAN, J. - (1.) The instant writ petition has been filed against the order dated 15-2-96, contained in Annexure-3 to the writ petition, by which the petitioner's case was not considered by the respondent No. 2 the Rajasthan Public Service Commission, Ajmer, for the post of Mines Foreman Grade I in the Mining Department.
(2.) The respondents have filed reply stating that petitioner was eliminated by process of short-listing and, thus, he was not called for interview. The grievance of the petitioner is that for the post of Mines Foreman, the requisite qualification was Post Graduation in Geology or Degree or Diploma in Engineering in Mines from Indian School of Mines and Applied Geology, Dhanbad or any qualification equivalent thereto; and while short-listing, the respondent No. 2 the Commission, has considered the marks obtained by the candidates even in High School, Intermediate and B.Sc. etc. though the case ought to have been considered only on the basis of the requisite qualification, the Master's Degree in Geology or Degree or Diploma in Mines and, thus, the process adopted by the Commission for short- listing was unwarranted and illegal.
(3.) Mr. J.P. Joshi, learned counsel for the respondent - Commission, has submitted that in order to have the overall assessment by considering the performance of a candidate in his academic cannot be termed as arbitrary and, thus, there was no illegality in short-listing the petitioner.;