ORDER : 1. The petitioners have filed this petition under Article 226 of the Constitution of India for correction/modification of provisional Selection List (Annexure P/1) and to issue appointment letter to the petitioners for the post of Shiksha Karmi Grade-II (Physical Education) 2. Brief facts, as projected by the petitioners, are that pursuant to the advertisement (Annexure P/4) dated 05.10.2009, the petitioners having requisite academic qualification i.e. B.P.Ed. and B.Ed. applied for the post of Shiksha Karmi Grade-II (Physical Education). According to the advertisement (Annexure P/4), for Shiksha Karmi Grade-II (Physical Education), the candidate must possess Bachelor of Physical Education (B.P.Ed.) degree in Second Division from any recognized university and the candidates having B.Ed. Degree would be given preference according to the rules. Accordingly, the petitioners participated in the said exam, which was conducted by Vyayshaik Shiksha Mandal, Raipur. Thereafter, on the basis of marks secured by the candidates, a select list (Annexure P/2) was issued from the office of Vyavshaik Shiksha Mandal, in which name of petitioners were shown at Sl. No. 11 and 14 respectively. Further, Chief Executive Officer of the Zila Panchayat, janjgir-Champa (C.G.) published a selection list, in which the petitioner No.1 was placed at Sl. No.6 and the petitioner No.2 was placed at Sl. No.10. Thereafter, on 15.05.2010, the petitioners were asked to appear along with their certificates before Govt. Higher Secondary School, Janjgir, to which they appeared and submitted all the documents, which were found to be correct. However, in the provisional selection list dated 11.06.2010 (Anneuxre P/1) issued by the respondent No.5/Chief Executive Officer, Zila Panchayat, Janjgir-Champa (C.G.), the name of the petitioners have not been shown/disclosed. Hence, this petition filed by the petitioners for following reliefs :- “10.1 That, this Hon’ble Court may kindly be pleased to allow the writ petition and be pleased to make an order to direct the respondent to correct the provision list (Annexure P/1) and issue an appointment letter to the petitioners for (Saririk Shikshak) Shiksha Karmi Grade – II. 10.2 Any other relief, which this Hon’ble Court may deed fit and proper, may also be passed in favour of the petitioner together with cost of the petition.” 3. 10.2 Any other relief, which this Hon’ble Court may deed fit and proper, may also be passed in favour of the petitioner together with cost of the petition.” 3. Learned counsel for the petitioners submit that the petitioners are qualified according to the rules and requirement for the appointment of the Shiksha Karmi Grade-II (Physical Education) and the selection list has been issued from the Vyavshaik Shiksha Mandal, Raipur, which shows that the petitioners had been selected according to rules. Further, they were also called to appear along with their documents. He further submits that in the list issued by C.E.O., Zila Panchayat, Janjgir-Champa (C.G.), the petitioners were placed at Sl. No.6 and 8 respectively, and the said list, according to the Chhattisgarh Panchayat Shiksha Karmi Rules, 2007, was final. He also submits that in a list (Annexure P/2) issued by the C.E.O., Zila Panchayat, Janjgir-Champa, the names of the petitioner have been shown to be selected, but in the provisional list issued by the same office, the names of the petitioners have been deliberately delisted, which is against the rule and shows unfairness on the part of the administration. He also submits that select list (Annexure P/1) is against the rules for the reason that the candidates who do not posses B.Ed. Degree have been illegally selected against the post of Shiksha Karmi Grade-II (Physical Education). Learned counsel further submit that Vyavshaik Shiksha Mandal, Raipur, had already selected the petitioners and issued a list, therefore, C.E.O., Janpad Panchayat, Janjgir-Champa had no power to change the selection of the petitioners, therefore, it is apparent that an unfairness has been done in the selection process. It is also submitted that it is settled in law that while passing any adverse order an opportunity of hearing has always to be provided according to the principle of natural justice but in this case, the petitioner were neither called and nor given any opportunity of hearing. The petitioners had also filed objection (Annexure P/7) before the C.E.O., Janjgir-Champa, but their objections have not been taken into consideration while passing the impugned selection list. The selection of candidates have been made against the rules, therefore, provisional list (Annexure P/1) may be corrected. In support of his submission, learned counsel placed reliance on the decision of Hon’ble Supreme Court in the matter of State of Gujarat and Ors. V. Arvindkumar T. Tiwari & Anr. The selection of candidates have been made against the rules, therefore, provisional list (Annexure P/1) may be corrected. In support of his submission, learned counsel placed reliance on the decision of Hon’ble Supreme Court in the matter of State of Gujarat and Ors. V. Arvindkumar T. Tiwari & Anr. reported in AIR 2012 SC 3281 . 4. On the other hand, learned counsel for State/respondent Nos. 1 to 5 submits that bare perusal of merit list, would show that the petitioner No.1 has obtained 95.96 out of 200, whereas petitioner No.2 obtained 89.9 marks out of 200. None of the candidates has been appointed to the post of Shiksha Karmi Grade-II (Physical Education), who has obtained less marks than the petitioners. He further submits that bare perusal of provisional select list (Annexure R/1), it would be evident that last candidate who has selected in OBC category obtained 105.05 marks. Thus, it is clear that the petitioners have obtained less marks than the last candidate selected under OBC category, therefore, they have not been selected and appointed to the post of Shiksha Karmi Grade-II (Physical Education). He also submits that according to Chhattisgarh Panchayat Shiksha Karmi (Recruitment and Conditions of Services) Rules, 2007, the requisite qualification for appointment to the post of Shiksha Karmi Grade-II (Physical Education) as provided in Schedule – 2 is graduation degree in Physical Education with second division. Thus, B.Ed or D.Ed. is not at all required for appointment to the post of Shiksha Karmi Grade-II (Physical Education). Therefore, the appointment made by the respondent No.5 is strictly in accordance with law, there is no infirmity or illegality in the appointment order dated 23.06.2010, as such, the instant petition being devoid of merit is liable to be dismissed. 5. No one appeared on behalf of respondent Nos. 6 & 7 though notices have been served upon them. 6. I have heard learned counsel for the parties and perused the material available on record. 7. In the case in hand, Clause 2 of advertisement (Annexure P/4) clearly speaks about the eligibility criteria of a candidate. 5. No one appeared on behalf of respondent Nos. 6 & 7 though notices have been served upon them. 6. I have heard learned counsel for the parties and perused the material available on record. 7. In the case in hand, Clause 2 of advertisement (Annexure P/4) clearly speaks about the eligibility criteria of a candidate. For ready reference, Clause 2 of the advertisement is reproduced herein under :- ^^¼2½ ik=rk dh 'krsZa %& vko';d 'kS{kf.kd vgZrk,a%& f'k{kkdehZ oxZ&1 ds fy;s&ekUrk izkIr fo'ofo|ky; ls lacaf/kr fo"k; esa f}rh; Js.kh esa LrkudksRrj mikf/k ;k led{k ,oa ch-,M- mRrh.kZ f'k{kkdehZ oxZ&2 ds fy;s & ekU;rk izkIr fo'ofo|ky; ls lacaf/kr fo"k; lewg esa f}rh; Js.kh esa Lukrd rFkk ch-,M- mRrh.kZ- ch-,M- ds vH;FkhZ miyC/k ugha gksus dh fLFkfr esa 'kSf{kd vgZrk esa ls NwV ekuh tk;sxh- f'k{kkdehZ 'kkjhfjd f'k{kk ds fjDr in ds fy, 'kS{kf.kd ;ksX;rk 'kjhfjd f'k{kk esa Lukrd mikf/k ekU; gksxhAß 8. Further, reverting to the Schedule – II, sub clause 2 (c) of the Chhattisgarh Panchayat Shiksha Karmi (Recruitment and Conditions of Services) Rule, 2007, the educational qualification for Shiksha Karmi (Physical Education) is Graduate Degree in physical education with Second Division. 9. The respondent/State has field provisional list (Annexure R/1), according to which, last candidate of OBC category who secured 105.5 marks got selected against the post of Shiksha Karmi Grade-II (Physical Education), whereas respondent No.6 and 7 got 108.08 and 105.05 marks respectively. As per Annexure P/2, the petitioner No.1 got 95.96 marks and petitioner No.2 got 89.9 marks. Thus, it is clear from the selection list that the candidates who selected under OBC category against the post of Shiksha Karmi Grade-II (Physical Education) got higher marks than the petitioners, and as per Chhattisgarh Panchayat Shiksha Karmi (Recruitment and Conditions of Services) Rule, 2007, minimum qualification is only Graduate Degree in Physical Education with Second Division. Further, perusal of advertisement would show that there is no such condition that the candidates who apply for the post of Shiksha Karmi Grade-II (Physical Education) and having B.Ed degree would be given preference. The only criteria for the vacant post of Shiksha Karmi Grade-II (Physical Education) was valid graduate degree in physical education. Thus, respondent Nos. 6 and 7 got selected under the OBC category for the post of Shiksha Karmi Grade-II (Physical Education) on their merits and on their higher marks. The only criteria for the vacant post of Shiksha Karmi Grade-II (Physical Education) was valid graduate degree in physical education. Thus, respondent Nos. 6 and 7 got selected under the OBC category for the post of Shiksha Karmi Grade-II (Physical Education) on their merits and on their higher marks. This Court does not find any illegality or infirmity in the selection list. 10. In the result, the petition being devoid of merit is liable to be dismissed and is hereby dismissed.