CW 822/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.822/2009 Prabhu Dayal Versus State & Ors. Date of Order ::: 15/02/10 Hon'ble Mr. Justice Ajay Rastogi Mr. AK Jaiman for Mr. Ashok Gaur, for petitioner Mr. SN Kumawat, AAG and for respondent PSC Mr. Sanjay Pareek, for respondents Grievance of petitioner is to consider him eligible for appointment on the post of Teacher Gr.III pursuant to equivalent qualification of BSTC as per his merit and preference of districts. Counsel submits that issue raised in instant petition has been examined by this Court vide judgment dt.11/12/08 in CWP- 7204/2007 & (4) other cognate matters (Rajesh Kumar Koli & Ors. Vs. State), whereby it has been directed ad infra: “Consequently, these writ petitions succeed and are hereby allowed. Respondents are directed to consider candidature of petitioners holding them as eligible for appointment to the post of Primary/ Upper Primary School Teachers, pursuant to advertisement dt. 30/10/06 (Ann.10) and if find place in order of merit, they may be considered for appointment from the date their juniors were given CW 822/09 //2// appointment alongwith consequential benefits including notional fixation of pay, assignment of seniority in order of their merit etc, except pecuniary benefits for intervening period during which they have not actually worked. All exercise be completed to ensure compliance within three months. No costs.” However, this fact could not have been controverted that the petition relate to process of selection initiated by respondents in pursuance of advertisement dt.30/10/2006 held for the post of Teacher (Primary & Upper Primary Schools) under Rajasthan Panchayatiraj Rules, 1996 (“Rules, 1996”). As regards judgment (supra), it has not been disputed by Government Counsel about controversy being decided by this Court. This Court has already observed that if vacancies are available, the same be filled up in the order of merit. Individual merit of writ petitioner has not been examined by this Court. In the light of what has been observed (supra) in CWP-7204/2007 & (4) other cognate matters (Rajesh Kumar Koli & Ors. Vs. State (supra), instant writ petition stands disposed of. No order as to costs. (Ajay Rastogi), J. K.Khatri/p2/ 822CW09-Fb15-BSTC.doc