- (1.) WE have heard the learned counsel for the parties and perused the record.
(2.) THIS special appeal has been filed by the petitioner-appellant against the judgment of the learned Single Judge dated 07.05.2001 by which the writ petition filed by the petitioner came to be dismissed. Facts, in brief, are that the petitioner applied for the appointment as P.T.I. Grade-III under the State Government in accordance with an advertisement issued under the Scheme of the Rajasthan Educational Subordinate Services Rules, 1971. As per the case of the petitioner, the petitioner possessed the qualification of the Secondary School Examination, which he claimed to be passed in the year 1993 and the Senior Secondary (Vocational) Examination from the Board of Secondary Education Rajasthan, Ajmer, along with a certificate in physical education from the Department of Education in the year 1995. The petitioner claimed that he was considered eligible and given the merit position at serial No.17, as stated by him in the petition and in the appeal. However, the petitioner was not given the appointment against the aforesaid post of P.T.I. Grade-III. The petitioner made inquiry and came to know that the appointment was refused to him on the ground that the candidates coming from the vocational stream are not eligible for the post of P.T.I. Grade-III and the candidates possessing the qualifications of the Senior Secondary (Academic) were eligible for the appointment to the aforesaid post.
(3.) THE further submission of the petitioner was that the Government itself had in the meanwhile issued circular, whereby with a view to remove the hardship permitted the candidates possessing the vocational qualifications to appear in the bridge course to be conducted by the Board of Secondary Education Rajasthan, Ajmer. The submission of the petitioner was that the petitioner took admission to the bridge course and passed the same. The mark-sheet for the same issued on 5th February 2000 has been filed as Annexure-3 to the writ petition. The petitioner's case further is that after having obtained the necessary qualifications of having successfully completed the bridge course, as per the circular of the Government dated 09.06.1999 the petitioner filed a representation before the respondents requesting therein them to consider the case of the petitioner for appointment, but the respondents did not give any reply to the same and consequently soon thereafter on 22nd May, 2000 the petitioner filed a writ petition bearing No.2363 of 2000 before this Court seeking the following relief : ..... a direction to the respondents to consider the candidature of the petitioner for appointment as P.T.I. Grade-III in pursuance to the advertisement dated 26.08.1998 and consider the case of the petitioner, along with the similarly situated persons, who have been selected on the basis of the merit list prepared by the respondents. In the meanwhile, after the notices to the writ petition came to be issued to the respondents on 13.09.2000 by the learned Single Judge of this Court, similar writ petition being S.B. Civil Writ Petition No.324 of 1999 (Nafis Khan Vs. State&Others) filed by the persons, who had also applied for that post in pursuance of the advertisement of 1998 and were found to be ineligible and completed the bridge course similarly as the petitioner, that the writ petition came to be allowed by this Court vide judgment dated 30th March 2001. ;