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Order 05/05/2023 Heard learned counsel for the parties.

The present writ petition has been filed with the following prayers :-

"A. By an appropriate writ order or direction, the respondents may kindly be directed to re-defermine the complete merit list/ result after making the necessary corrections in the answer key for the post [2023/RJJD/013742] (2 of 4) [CW-17434/2022] of Basic Computer Instructor in pursuance advisement of the advertisement dated 01.02.2022. B. By an appropriate writ order or direction, the respondents may kindly be directed to give appointment to the petitioner on the post of Basic Computer Instructor in pursuance of the advertisement dated 01.02.2022 (Annex.3) with all consequential benefits if found selected in revised merit.
C. By an appropriate writ order or direction, the amended advertisement dated 30.06.2022 may kindly be quashed and set aside.
D. By an appropriate wit order or direction, respondent may kindly be directed to decelerated eligible candidate to the petitioner on the basis of marks obtained by the petitioner".

Learned counsel for the petitioner submits that the petitioner has secured 87.2475 marks in the examination conducted for direct recruitment on the post of Basic Computer Instructor and Senior Computer Instructor, 2022. Learned counsel for the petitioner submits that despite the petitioner having higher cut off marks than the last candidate who has been given appointment, he has not been extended the benefit of giving appointment. He, therefore, prays that the writ petition may be allowed and the respondents may be directed to offer appointment to the petitioner on the post of Basic Computer Instructor and Senior Computer Instructor.

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

The petitioner has appeared in the examination conducted by the Board for selection on the post of Basic Computer Instructor and Senior Computer Instructor and as per the mark-sheet issued to him, he has secured 52.5253 marks in first paper and 34.7222 marks in paper second. In this view of the matter, the petitioner has not secured 40% marks in paper second and as per Rule 28 of the Rules of 2021, he is not eligible for recommendation. For brevity, Rule 28 of the Rules of 2021 is reproduced as under:-

Since the petitioner has failed to secure 40% marks in paper second, he is not eligible for appointment on the post of Basic Computer Instructor and Senior Computer Instructor. In this view of the matter, name of the petitioner has rightly not been recommended by the Board. There is no force in the writ petition.