JUDGMENT 1. - This writ petition has been filed by the petitioner challenging the action of the respondents in rejecting his candidature for appointment on the post of Senior Teacher Gr.II (English). Petitioner applied for appointment on the said post pursuant to the advertisement issued by the respondents in the year 2003-04. Respondents rejected his candidature on the ground that petitioner has already availed of benefit of being a serviceman when he earlier secured appointment on the post of Teacher Gr.III and therefore he cannot be granted the same benefit again for appointment on another post. 2. Apart from above, respondents in reply to writ petition have come out with the plea that petitioner does not have the degree of B.A. in English, he is therefore not eligible for appointment on the post of Senior Teacher Gr.II (English) 3. Shri Rajendra Kumar Sharma, learned counsel for the petitioner has cited Division Bench judgment of this Court in Rajasthan Public Service Commission Ajmer v. Bhawani Singh Chauhan & Anr. {DBSAW No.1120/03 decided on 7.4.05} wherein, it was held that if a candidate has secured appointment on a lower post claiming benefit of ex-serviceman and applies for appointment on higher post, he would still be entitled to the benefit of being exserviceman but this benefit would not be available to him on the same post. Judgment in fact relies on the clarifications issued by the Government itself on 20/2/2003. 4. On the question whether the petitioner has the requisite qualification for appointment in question, petitioner has given examples of Miss Kiran Singh and Raman Yadav and Usha Yadav, who were in the earlier selection appointed by the respondents on the same post who according to the petitioner had obtained degree of B.A. from M.D.S. University wherefrom petitioner has obtained the said degree. Learned counsel for the petitioner has invited the attention of the court to the marksheets issued to him by the said University for each of the three years which indicates that petitioner had English as one of the optional subjects during all the three years. Entry-VIII of Section C of Schedule appended to Rajasthan Education Subordinate Service Rules, 1971 merely provides that Graduate or equivalent examination with atleast two subjects taught in school with degree or diploma in education was necessary as requisite qualification for appointment on the post of Senior Teacher. Entry-VIII of Section C of Schedule appended to Rajasthan Education Subordinate Service Rules, 1971 merely provides that Graduate or equivalent examination with atleast two subjects taught in school with degree or diploma in education was necessary as requisite qualification for appointment on the post of Senior Teacher. Since the petitioner had English as an optional subject in all the three years, he would be qualified. This Court in SBCWP No.3345/2001 (Smt.Saroj v. State of Rajasthan and another) decided on 3/7/2008 upon consideration of the aforesaid Entry held that for the purpose of appointment on the said post, a candidate needs to possess English as one of the optional/elective subjects. 5. In the result, this writ petition is allowed. Respondents are directed to consider case of the petitioner for appointment on the post of Senior Teacher treating him to be eligible and if eventually any candidate lower in merit than him is found to have been appointed, appoint the petitioner also on such post with effect from such date when such candidate was so appointed. Since petitioner is otherwise already in services of the respondents, he shall be entitled to only notional benefits of seniority and increments etc. for the intervening period. His appointment however would be effective from the date of appointment of candidate so selected below him in merit list. 6. Compliance of the judgment shall be made within a period of three months from the date its copy is produced before the respondents.Writ Petition Allowed. *******