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Order 23/05/2023 Heard learned counsel for the petitioner.

The present writ petition has been filed against the corrigendum dated 30.06.2022 (Annex.2) issued in furtherance of advertisement dated 01.02.2022 (Annex.1) for recruitment on the post of Basic Computer Instructor and Senior Computer Instructor Recruitment, 2022.

Briefly, the facts giving rise to the present writ petition are that the respondents published an advertisement for recruitment to the post of Basic Computer Instructor and Senior Computer Instructor vide advertisement dated 01.02.2022. In the advertisement, the terms and conditions of the recruitment were [2023/RJJD/016688] (2 of 5) [CW-6227/2023] mentioned. The petitioner being eligible, applied for the post of Basic Computer Instructor in pursuance of the advertisement dated 01.02.2022. However, after holding the examinations, a corrigendum was issued by the respondents on 30.06.2022, wherein it was mentioned that as per Rule 28 of the Rules of Rajasthan Educational Service (State and Subordinate) Rules, 2021 (hereinafter referred to as the 'Rules of 2021'), the Commission/Board/Committee/Appointing Authority, as the case may be, shall not recommend any candidate, who has failed to obtain a minimum of 40% marks in each of the papers of the competitive examination. Aggrieved of this corrigendum dated 30.06.2022, the petitioner has preferred this writ petition.

Learned counsel for the petitioner vehemently submits that the corrigendum by virtue of which the minimum cut-off marks of 40% has been prescribed was not mentioned in the advertisement dated 01.02.2022 issued by the department for recruitment to the post of Basic Computer Instructor and Senior Computer Instructor.

Learned counsel further submits that since no minimum cut- off marks were mentioned in the advertisement, therefore, she has prepared only to the extent of getting selected without keeping in mind the minimum marks to be obtained in the selection process. Learned counsel also submits that the petitioner was not mentally prepared to secure minimum percentage of marks and therefore, by issuance of the corrigendum dated 30.06.2022, she has been put to disadvantage. Learned counsel further submits that once the examinations for the selection process have been conducted, the Rules of the examinations cannot be changed. He submits that the respondents should have [2023/RJJD/016688] (3 of 5) [CW-6227/2023] vigilant while issuing the advertisement and since minimum cut- off marks were not mentioned in the advertisement, therefore, the entire selection process should have been cancelled. He, therefore, prays that the present writ petition may be allowed and the entire selection process undertaken for recruitment of Basic Computer Instructor and Senior Computer Instructor held in pursuance of the advertisement dated 01.02.2022 may be conducted without taking into consideration the minimum qualifying marks as mentioned in the corrigendum dated 30.06.2022.

The submission of the learned counsel for the petitioner is that since the condition of minimum marks was not mentioned in the advertisement, therefore, the same cannot be imposed after holding of the examination. He submits that the selection should be completed as per the conditions mentioned in the advertisement and if the petitioner secures less than 40% marks, then also she should be considered for appointment on the post of Basic Computer Instructor.

I have considered the submissions made at the Bar and have gone through the relevant record of the case.

The precise prayer of the petitioner is that issuance of the corrigendum dated 30.06.2022 prescribing the minimum qualifying marks to the extent of 40% cannot be taken into consideration for undertaking the selection process on the post of Basic Computer Instructor and Senior Computer Instructor as advertised on 01.02.2022.

The undisputed fact in the case is that Rule 28 of the Rules of 2021 prescribes minimum percentage of 40% marks to be [2023/RJJD/016688] (4 of 5) [CW-6227/2023] obtained by a candidate in each paper for consideration for the appointment on the post mentioned by the Commission/Board or Committee. Rule 28 of the Rules of 2021 reads as under:-