1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Kanak Singh Vs. State of Rajasthan & Ors. S.B.CIVIL WRIT PETITION NO.3339/2006 DATE OF ORDER :: February 12, 2007 PRESENT HON'BLE MR.JUSTICE H.R.PANWAR Mr. Girish Joshi, for the petitioner.. BY THE COURT: By the instant writ petition under Article 226 and 227 of the Constitution of India, the petitioner seeks a direction to appoint him on the post of Para Teacher and seeks setting aside the order dt. 17.2.2004 (Annexure-5) by which in compliance of the order of this Court dt. 13.10.2003 passed in S.B.Civil Writ Petition No. 218/2003, respondent No.4 Suresh Chand Sharma was appointed on the post of Para Physical Teacher. I have heard learned counsel for the petitioner. 2 The petitioner claims that he is on better footing than of Suresh Chand Sharma, who has been appointed in compliance of the order of this Court dt. 13.10.2003. The petitioner filed an appeal against the order dt. 13.10.2003 passed in S.B.Civil Writ Petition No.218/2003 before the Division Bench of this Court being D.B.Special Appeal No.93/2005, which came to be dismissed vide judgment dt. 3.3.2006 and the Division Bench held that the position of respondent No.4 viz. Suresh Chand Sharma was reviewed and on review his position was placed at serial No.3 in the order of merit and, therefore, he cannot be excluded from consideration for appointment on the ground of alleged ineligibility which was found to be in favour of the respondent No.4 Suresh Chand Sharma. In this view of the matter, I do not find any merit in the petition. In view of the aforesaid discussion, the petition is dismissed. Stay petition also stands dismissed. No order as to costs. [H.R.PANWAR],J. m.asif/-