Civil Writ Petition No.17231/2010 Umesh Sharma Versus State & Ors Date of Order ::: 08/04/2011 Hon'ble Mr. Justice Ajay Rastogi Mr. Vigyan Shah, for petitioner Counsel inter-alia submits that initially advertisement No.8/2008 for holding process of selection to the post of Teacher Gr.II was issued by respondent-PSC on 08/08/2008 and final selections are based only on written examination; however, corrigendum was issued on 04/08/2010 followed by another one issued on 03/09/2010 so as to take note of post Code from Code-41 to 50 for the subjects Maths(41), Science(42), English(43), Hindi(44) Sanskrit(45), Urdu(46), Punjabi(47), Sindhi(48), Gujarati (49) & Social Science (50); pursuant thereto, applications were also invited from candidates intending to participate in process of selection pursuant to corrigendum (supra).
Counsel submits that few of applicants submitted their applications pursuant to advertisement dt.08/08/2008 and corrigendum dt.04/08/2010 & 03/09/2010 but since they belong to rural background were not well conversant in filing the OMR application form and despite their due diligence, some error has crept in while filling up OMR form on account of which wrong post code has been assigned for respective subject (Social Science) for which written examinations are scheduled to be held in near future on 30/04/2011 and despite petitioner being otherwise eligible will not be permitted to participate in process of selection (supra) only on the premise of having not properly darken the circle for his respective post Code-50 (Social Science) and if not permitted to appear in the examination scheduled to take place in near future, it would cause great prejudice to him.
Issue notice of writ & stay petition to respondents returnable within four weeks as to why petition may not be finally disposed of at admission stage. Notices be given Dasti, if desired.
Two sets of paper book of the petition be additionally served upon Shri SN Kumawat appearing on behalf of respondent-PSC receipt whereof be filed in the Registry and PF & notices be filed within seven days, failing which stay order shall stand automatically vacated.
In the meanwhile, respondents are directed to provisionally allow the petitioner to participate in process of selection for the post of Teacher Gr.II pursuant to advertisement dt.08/08/2008 including written examination scheduled to be held in respective subject/post Code-50 (Social Science) and participation (supra) will not confer any right and result of his participation shall not be declared without prior permission of this Court and be kept in sealed cover till further orders.
List alongwith cognate cases (CWP-2359/2011) under separate heading Teacher Gr.II- Wrong Post Code.
(Ajay Rastogi), J.
K.Khatri/p3/ 17231CW2010Apr8-WrngCode50-IsStExm.do