D.B. CIVIL SPECIAL APPEAL (WRIT) NO.1293/2007 State of Rajasthan & Anr. Vs. Gajendra Verma & Ors. Date of Judgment :: July 14, 2008. HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Banwari Lal Avasthi, Addl.Govt.Counsel for the appellants. Mr. R.A. Verma for the respondents. *** Heard learned counsel for the parties both in the appeal and also in the limitation matter. Delay in filing this appeal is condoned. This appeal is directed against the order dated 13.4.2007 whereby and whereunder the writ application was allowed with the direction to the State authorities in the following terms : “. . . . . the respondents to determine merit of the petitioners on the basis of Senior Secondary (Vocational) and in case any less meritorious person has been appointed as per aforesaid merit list then the petitioner's case be also considered for appointment and if found suitable, they be given appointment with effect from the same date when the less meritorious person has been appointed with all consequential benefits except arrears of salary.” We are informed by the learned counsel for the appellant that pursuant to the direction of this Court, the matter was examined and the writ petitioners were appointed. However, it is submitted that the appointments were made subject to the result of this appeal. It appears that the learned Single Judge of this Court on the basis of judgment rendered by the Apex Court in Sunita Sharma & Ors. Vs. State of Rajasthan & Ors. JT 2001 (10) SC 178, allowed the writ applications directing the State authorities that in case the persons having less merit were considered and appointed, then the case of the writ petitioners should also be considered and they be given appointment in accordance with law. -2- It appears that the matter was examined and re- determined by the authorities on merit and finding the writ petitioners eligible for appointment, necessary appointment orders were issued. This being the situation, in our view, it would not be just and proper to interfere with the compliance made by the appellant-State by appointing the writ petitioners. This appeal is accordingly dismissed. (MOHAMMAD RAFIQ),J. (NARAYAN ROY),CJ. Skant/-