'Commission', for short), issued advertisement dated 2nd June, 2004, inviting application from eligible candidates for appointment to 25,712 posts of Primary Teacher Grade-III under the Rajasthan Panchayati Raj Rules, 1996 (hereinafter referred to as the 'Rules of 1996', for short). It is pleaded case of the petitioners that in the result declared by the Commission on 5th January, 2005, they were declared successful, but owing to the fact that the petitioners along with others, secured equal marks, the criteria adopted by the respondent-Commission providing for priority/preference to the candidates who were elder more in age, with higher educational qualifications and with higher percentage in Senior Secondary and graduation course; the petitioners have been deprived of appointment inspite of having secured equal marks to the last candidate, selected and accorded appointment. According to the learned counsel for the petitioners, the vacancies, which became available on account of candidates, though in higher merit but were subsequently declared as ineligible, ought to have been made available and filled up by the candidates like petitioners, who had secured equal marks but could not be appointed owing to the criteria of elder in age, higher educational qualifications and higher percentage in Senior Secondary and graduation course, adopted and applied by the respondent-Commission.
