MAHESH SHARMA VS. STATE OF RAJASTHAN & ANR. (D.B.CIVIIL SPECIAL APPEAL(W) NO. 944/08) Dated:- 20.3.2009. HON'BLE MR.JUSTICE A.M.KAPADIA HON'BLE MR.JUSTICE SANGEET LODHA Mr.Tribhuvan Gupta, for the appellant. Dr.G.R.Calla, Government Counsel for the respondents. 1. This special appeal is directed against order dated 5.10.06 passed by the learned Single Judge of this Court, whereby the writ petition preferred by the appellant seeking direction against the respondents to appoint him on the post of Physical Teacher Instructor, stands dismissed. 2. In pursuance of an advertisement dated 28.7.03 issued by the Director, Secondary Education, Bikaner, the appointments were accorded by the respondents to the selected candidates. The grievance of the appellant is that while operating the select list, the respondents have given appointment to 13 persons belonging to general category though 17 vacancies were available and that the appointments were given to the persons belonging to the reserved categories in excess of the quota prescribed. The learned Single Judge after due examination of the matter has found that against the appointments accorded in the year 2003, a petition was filed by the appellant on 24.3.04. However, the defects pointed by the registry were removed in the month of November,05 and therefore, the writ petition was registered only after the month of November,05 and thus, the entire delay in adjudication of the matter is attributed to the petitioner himself. The learned Single Judge opined that since the select list has already expired therefore, at the belated stage, no relief can be granted to the appellant. 3. It is to be noticed that the vacancies advertised have already been filled up and the select list has already expired. None of the persons who are alleged to have been appointed in excess of the quota are impleaded as party respondent in the matter. No order can be passed by this Court adversely affecting their rights in their absence.This court also cannot issue any directions to the respondents to appoint the persons beyond the vacancies advertised. 4. In this view of the matter, in our considered opinion, the learned Single Judge has committed no error in dismissing the writ petition. The special appeal lacks merit and the same is hereby dismissed. (SANGEET LODHA),J. (A.M.KAPADIA),J. Aditya/-