JUDGMENT I.A. No. 1387 of 2012 There is a delay of 31 days in preferring the instant appeal, however, looking into the grounds taken in the application (I.A. No. 1387 of 2012), the delay is condoned. 2. I.A. No. 1387 of 2012 stands disposed of. L.P.A. No. 201 of 2012 3. Heard learned counsel for the parties. 4. The present Letters Patent Appeal is against the order dated 03.02.2012 passed in W.P.(C) No. 3055 of 2011. 5. According to learned counsel for the appellant, learned Single Judge has allowed the writ petition only on the premise that on obtaining more marks than the cut off marks, one can become eligible for appointment directly whereas, in fact the appointment can be given only according to the merit list and to the extent of the post available and not beyond the available post. It is also submitted that advertisement was issued only to fill up the vacancies for the teachers of particular subjects and number of posts were also given against the subject so as to make clear that appointments will be given against a post meant for particular subject. It is also submitted that these vacancies are not interchangeable so as to allow the Physical Training teacher to become an English teacher and English teacher to become a Sanskrit Teacher etc. It is submitted that inadvertently complete facts were not placed before the learned Single Judge and, therefore, the learned Single Judge has directed the J.P.S.C. to forward the names of such selected candidates who have obtained more than 50% i.e., cut off marks. It is then submitted that all such candidates, who have secured more than 50% which was cut off marks, cannot be given appointment as that will exceed number of posts which are available. 6. Learned counsel for the writ petitioners/respondents submitted that there cannot be any confusion by order dated 03.02.2012. It is submitted that by this order the appellant was directed only to declare the result of the selected candidates and since petitioners obtained more than 50% marks, therefore, they were required to be declared selected candidates. 6. Learned counsel for the writ petitioners/respondents submitted that there cannot be any confusion by order dated 03.02.2012. It is submitted that by this order the appellant was directed only to declare the result of the selected candidates and since petitioners obtained more than 50% marks, therefore, they were required to be declared selected candidates. It is also submitted that the petitioners are not disputing this position that the appointments can be given only to the extent of the posts available and which have been advertised, but their contention is that some of the posts are lying vacant which are not being filled up by the State Government. 7. We considered the submissions of the learned counsel for the parties and perused the records. There is no quarrel that qualifying marks were 50% and the advertisement clearly indicates that appointments will be offered to the candidates subject-wise and the number of seats were already mentioned in the advertisement, therefore, after obtaining the cut off marks, one becomes eligible for consideration, subject to his coming in the merit list so as to come within that number of candidates for which posts have been advertised and beyond the number of posts advertised, no one can claim any right even for consideration for appointment. 8. In view of the above reason, we are making it clear that the petitioners, if have got more than 50% marks in the examination, which is beyond the cut of marks, then their result can be declared. 9. Learned counsel for the appellant submitted that results have already been declared and since the petitioners have not come in the merit list, appointments were not offered to them. 10. So far as consideration of these petitioners against the vacant posts is concerned, that can be looked into and they may be offered appointment, if they are eligible candidates according to their merits within the posts advertised. If any vacancy is there and State wants to give them appointment, then process may be completed within a period of two months from today. 11. With theses observations, this L.P.A. is disposed of.