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Judgment
We have heard Shri Rajive Kumar Verma, learned
Senior counsel and Shri Ashutosh Ranjan Pandey, learned AAG XV
for the State.
It is not in dispute that the petitioners of this
application acquired the physical training certification in the year,
2012. They pray that in the process of recruitment of about 34,500
Teachers, large numbers of vacancies for Physical Trained Teachers
are still continuing. They may be considered for the same.
On the other hand, learned AAG XV points out that
this recruitment process had started long before and once that
recruitment process had started and these petitioners were ineligible at
the initial period, subsequent acquisition of the eligibility would not
qualify them for consideration in the process which had already been
set in motion.
We have considered the arguments sympathetically
and we are of the view that the objection, as raised by the State, is
legal, correct and valid. A person, who acquires eligibility
subsequently, cannot participate in the selection process which has
already started because, on the day when the selection process started,
he was ineligible. However, if upon completion of this exercise of
recruitment, vacancies still survive, then, pursuant to the fresh
selection process to be started, the petitioners should be considered in
accordance with law.
With this observation, this application stands disposed
of.