JUDGMENT 1. - The candidature of the petitioner for one temporary vacancy of C.A.S. is said to have been rejected on the ground that along with the application the petitioner has not furnished a photostat copy of the certificate of Secondary School Examination from Board of Secondary Education, Rajasthan Ajmer in proof of his date of birth. 2. It appears that an advertisement was published in Rajasthan Patrika for filling 320 posts of Medical Officers on temporary basis for six months or till the availability of selected candidates from the Rajasthan Public Service Commission. The petitioner being qualified, applied along with the application he also submitted a photo state copy of the mark-sheet. In the mark sheet his date of birth was recorded as 18.6.1965. The other persons were selected when the petitioner was not selected, he went to the office of the Director, Medical and Health, Government of Rajasthan, Jaipur and said to have been informed that he was not selected because he had not furnished his certificate from Board of Secondary education in proof of his date of birth. According to the petitioner he was having 58% marks and persons having lower percentage of marks even up to 55% marks have been selected. The petitioner at page 4 of the petition in para 8 has given the instances of persons of-lower percentage of marks having been selected and according to the averment made by the petitioner in para 8, Sh. Ram Kishore Saini whose application was registered at No. 20 on 13.8.91 was having less percentage of marks but was still selected. 3. Notice of this petition was given to the non-petitioner and despite notice no reply has been filed. 4. Today the petitioner has also shown to me the original certificate issued from the Board of Secondary Education, Rajasthan, Ajmer from which it appears that the petitioner appeared with Roll No. 603820 in the Secondary School Examination from Govt. S.K. Hr. Sec. School, Sikar and passed in first division. It will further appear that the date of birth of the petitioner in the aforesaid certificate is recorded as 18.6.1965. It will, therefore, be clear that the date of birth recorded in the aforesaid certificate issued from the Board of Secondary Education Rajasthan and that recorded in the mark-sheet are the same. The last date for receipt of the applications as per Advertisement Annex. It will, therefore, be clear that the date of birth recorded in the aforesaid certificate issued from the Board of Secondary Education Rajasthan and that recorded in the mark-sheet are the same. The last date for receipt of the applications as per Advertisement Annex. 3 was 22.8.91 and the maximum age was 45 years. It will, therefore, be clear that the date of birth of the petitioner being 18.6.65 on 22.8.91, he was less than 45 years of age and, therefore, was eligible. The petitioner has furnished a mark-sheet which contains the date of birth also as 18.6.65. If the appointing authority wanted any proof regarding his date of birth, he should have been called upon to furnish certificate from Board of Secondary Education but could not declined to consider his candidature only on the ground that the certificate has not been filed. Be that as it may, there can be no dispute that the date of birth of the petitioner was 18.6.65 as recorded in the mark-sheet and as recorded now in the certificate issued from the Board of Secondary Education, Rajasthan, and the petitioner, therefore, was eligible. 5. Consequently, I hereby allow this writ petition and direct the respondents that the moment the petitioner furnishes the certified copy of the certificate issued by the Board of Secondary Education Rajasthan of the Secondary School Examination and other necessary documents mentioned in Annex. 5, the petitioner shall be given appointment in case the persons having less percentage of marks than the petitioner have been given appointment, within three weeks of his submission of the aforesaid documents. Costs made easy. The original certificate has been remitted to the learned counsel for the petitioner.Writ Petition allowed. *******