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TMI Blog2015 (3) TMI 1353X X X X Extracts X X X X X X X X Extracts X X X X ..... as per terms and conditions in the advertisement and as per rules existing when the recruitment process began. In the present case, the Division Bench has gone to great lengths in examining the issue whether B.P. Ed. and D.P. Ed. qualifications are equivalent or superior to C.P. Ed. qualification but such exercise cannot help the cause of the Respondents who had the option either to cancel the recruitment process if there existed good reasons for the same or to complete it as per terms of advertisement and as per rules. They chose to continue with the recruitment process and hence they cannot be permitted to depart from the qualification laid down in the advertisement as well as in the rules which were suitably amended only later in 2011 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bench of Rajasthan High Court is correct in reversing the judgment of the learned Single Judge and permitting the qualification of B.P. Ed. to be treated as equivalent to qualification of C.P. Ed. for the purpose of selection and recruitment to the post of Physical Training Instructor Grade-III (PTI Gr. III). 3. The facts necessary for deciding the main issue noted above are as follows. Rajasthan Public Service Commission (hereinafter referred to as 'the Commission') published an advertisement dated 03.09.2008 inviting applications for recruitment to the post of PTI Gr. II under Code No. 35 and PTI Gr. III under Code No. 36. The educational qualification for posts under Code No. 35 and 36 were indicated separately and read ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s published in a daily newspaper that the State Government had directed the Commission to treat such candidates also eligible for appointment to the post of PTI Gr. III who possess Diploma in Physical Education (D.P. Ed.) and/or Degree of Bachelor in Physical Education (B.P. Ed.) on the premise that these qualifications should be treated as higher than or equal to Certificate in Physical Education (C.P. Ed.). For this purpose, the State Government sent a letter to the Commission on 06.01.2010 and thereafter the Commission declared the result on 29.10.2010 wherein it declared such applicants also as successful for the post of PTI Gr. III who held the qualification of B.P. Ed, and had applied for appointment to the post of PTI Gr. II only. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndered by the learned Single Judge on three occasions. Their main contention is that learned Single Judge had taken a correct view in law that once advertisement had been issued and recruitment process had begun by asking for separate applications for the two different posts having different qualifications, the State Government as well as the Commission erred in changing the qualification midway through issuance of a letter on the ground that it was only to clarify the actual position pursuant to a query made by the Commission. It was pointed out that the relevant Rules of 1971 which were the basis for the advertisement were amended only subsequently on 09.12.2011 and as per law settled by a catena of decisions by this Court, the rules whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aw noticed by learned Single Bench that recruitment process must be completed as per terms and conditions in the advertisement and as per rules existing when the recruitment process began. In the present case, the Division Bench has gone to great lengths in examining the issue whether B.P. Ed. and D.P. Ed. qualifications are equivalent or superior to C.P. Ed. qualification but such exercise cannot help the cause of the Respondents who had the option either to cancel the recruitment process if there existed good reasons for the same or to complete it as per terms of advertisement and as per rules. They chose to continue with the recruitment process and hence they cannot be permitted to depart from the qualification laid down in the advertise ..... X X X X Extracts X X X X X X X X Extracts X X X X
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