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Advertisement dt.03/09/2008 (Ann.1-CWP-15289/2010) was issued by the RPSC for holding process of selection for the posts of PTI Gr.II & Gr.III under the Scheme of Rules, 1971. Under advertisement (supra), posts of PTI Gr.II & Gr.III were separately identified and a special Note was appended thereto that applicants in OMR form have to specifically mention in regard to their participation either for PTI Gr.II (Code-35) or PTI Gr.III (Code-36) or both separately. While submitting OMR Form. Since there being different qualification prescribed for PTI Gr.II & Gr.III, one might have fulfilled requisite qualification for both the posts, and may like to appear in combined competitive examination for both the posts.

However, after instructions appended to advertisement dt.03/09/2008, a Press note was released by the PSC on 22/09/2009 (Ann.7-CWP-15359/2009) inter-alia notifying to all the applicants who have submitted OMR Forms pursuant to advertisement (supra) for participating in a combined competitive examination held for PTI Gr.II & Gr.III, to the effect that looking to requisite qualification for PTI Gr.II & Gr.III, he must submit his post Code-35 or Code-36 and accordingly result would be declared and in case of an error being committed in specifying post Code, result of such applicants shall be cancelled.

Looking to different professional qualifications prescribed under Rules, 1971 as well as Regulations, 2001 for PTI Gr.II & PTI Gr.III, it appears that because of reasons (supra), when the PSC issued advertisement dt. 03/09/2008 initiating process of selection, for PTI Gr.II & PTI Gr.III, it was separately notified with a Special Note appended thereto, candidates were called upon while filing OMR forms to disclose post Code for which one intends to apply/appear, whether it is for PTI Gr.II (Code-35) or Gr.III (Code-36) or both for which separate form has to be filled. Here it will be relevant to quote conditions under advertisement dt.03/08/2009 which an applicant was required to comply with while filling his OMR form; ad infra:

That apart, in the instant case, the PSC took all precautions and incorporated such condition in the advertisement that applicant has to fill separate OMR form for post Code-35 or Code-36 or if one intends to appear for both, two separate OMR forms are to be filled and one has to specify in the OMR form regarding the post for which one intends to apply/appear in the examination; and in support thereof, further press Note was released on 22/09/2009, which clearly depicts that it was for the candidates to take a decision on the basis of qualification acquired whether he/she intends to participate for the post of PTI Gr.II or PTI Gr.III or both the posts, which could not have been altered by the respondents unilaterally and the decision of the State Government dt. 06/01/2010 pursuant to which the PSC declared the result of candidates selected regardless of the posts of PTI Gr.II or PTI Gr.III but on the basis of their qualification, alone cannot be said to be in conformity with terms & conditions of advertisement dt.03/09/2008 and deserves to be quashed.