TaxTMI 
TaxTMI 
2015 (3) TMI 1353
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....t 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 thus: (i) Graduate or equivalent examination with diploma in physical education OR Secondary with four years' diploma in Physical Education. (ii) Working knowledge of Hindi written in Devnagari script and knowledge of Rajast....
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....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. 5. Applicants for the post of PTI Gr. III having qualification of C.P. Ed, were aggrieved with the clarification issued by the State Government and the result declared by the Commission on its basis and hence they preferred writ petitions which were allowed on three diffe....
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....fferent 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 which existed at the time of issuance of advertisement shall govern the recruitment process and not the subsequently amended rules. 7. In reply, the stand of the Respondents is that the clarification issued by the State Government was only to explain the factual position that qualifica....
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.... 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. In such a situation, factual justifications cannot change the legal position that Respondents acted against law and against the terms of advertisement in treating such applicants successful for appointment to the post of PTI G....