JUDGMENT Pushpendra Singh Bhati, J. - Petitioner has preferred this writ petition with the following prayer :- "It is, therefore, most respectfully prayed that this writ petition may kindly be allowed with costs and by issuing an appropriate writ, order or direction, the respondents may be directed to consider the petitioner's candidature for recruitment to the post of Teacher Grade-III Level-II in Social Study subject against the vacancies in General Category and if otherwise found suitable he may be appointed on the said post from the date when other similar situated candidates are appointed with all consequential benefits. Any other order favourable to the petitioner may also be passed." 2. Learned counsel for the petitioner has stated that the petitioner appeared in the RTET-2012 examination securing 54.67% marks in Male OBC Category. The petitioner participated in the recruitment to the post of Teacher Grade-III Level II in Social Study subject in the General TSP Category. As per counsel for the petitioner, the petitioner has been deprived from the selection only on the count that he has filled category in the application form as General TSP whereas he belongs to OBC category and therefore, he is not entitled for OBC relaxation of RTET-2012 examination. 3. Learned counsel for the respondent has refuted the submission. 4. After hearing counsel for the parties and perusing the record of the case, this Court is of the opinion that once the petitioner is admittedly an OBC category candidate and presently there are no vacant posts available for OBC category candidates in the particular recruitment, but that would not amount to deprivation of the petitioner from the benefit of relaxation in RTET2012 which is admissible to the candidates belonging to the OBC category. The petitioner is already having interim order in his favour granted by this Hon'ble Court on 19.09.2017 which reads as under :- "Mr. Vikas Choudhary, learned counsel appearing for the respondents prays for some time to file reply to the present writ petition. Time prayed for is allowed. List this case on 25.10.2017. In the meanwhile, the respondents are directed to carry out petitioner's document verification and counseling tomorrow i.e. on 20.09.2017 and provisionally consider his candidature for appointment on the post of Teacher Grade III, Level I in the category of TSP (General-Male). Time prayed for is allowed. List this case on 25.10.2017. In the meanwhile, the respondents are directed to carry out petitioner's document verification and counseling tomorrow i.e. on 20.09.2017 and provisionally consider his candidature for appointment on the post of Teacher Grade III, Level I in the category of TSP (General-Male). If the petitioner falls in merit list, his name shall be included in final select list, however neither any order of appointment shall be given nor he shall be permitted to join, except with the leave of this Court." 5. In the above backdrop, the writ petition is allowed with the direction to the respondents to consider the petitioner in his own merit and if he is otherwise eligible and meritorious then he shall be given appointment on the post of Teacher Grade-III LevelII Social Study subject in the General TSP Category without disqualifying him on the ground that he has qualified RTET-2012 examination as OBC Male Candidate.