CWP(T) No.12317 of 2008. 23.11.2009. Present: Mr. Yash W. Chauhan, Advocate, for the petitioner. Mr. R.K. Sharma, Senior Addl. Advocate General with Mr. Anil Jaswal, Dy. Advocate General, for respondents No.1 to 5. Mr. Harish Dod, Advocate vice counsel for respondents No.6 and 7. The petitioner has challenged the action of the respondent- State whereby the appointment has been offered to respondent No.7. We have gone though the averments contained in the reply. The petitioner has secured 66.08 marks and respondent No.7 has secured 57.07 marks. In view of this, the petitioner ought to have been offered appointment instead of respondent No.7. There is nothing on record to suggest even remotely that a candidate belonging to the same Panchayat i.e. Gram Panchayat, Kiyari Gundhan was to be given preference even though more meritorious candidate was available. It could be only in those cases where the merit is equal, the candidate belonging to local Panchayat could be given preference. Accordingly, the action to appoint respondent No.7 as Primary Assistant Teacher is declared illegal. The appointment of respondent No.7 is quashed and set aside. The respondents are directed to appoint the petitioner to the post of Primary Assistant Teacher in Government School Kyari (Bakras) within a period of two weeks from today. The petition stands disposed of. (R.B. Misra), ACJ. 23rd November, 2009. (Rajiv Sharma), J. (tr)