S.B.CIVIL WRIT PETITION NO. 1283/97 (Hukam Dan & Others vs. State of Raj. & Ors.) DATE OF ORDER : 15/12/2008 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Himanshu Shrimali, for the petitioner. Mr.B.L.Bhati, for the respondents. By this writ petition, the petitioners claim relief that they be appointed on the post of Physical Training Teacher Gr.III under the reservation policy for Other Backward Class. Upon notice, State has filed reply to the writ petition and in para no.(A) of the reply it is stated that the petitioner nos. 1 and 3, who stood in merit were given such appointment way back in 1997 itself, therefore, qua them the writ petition has become infructuous and so far as respondents no.2 and 4 are concerned, they did not come in merit according to the merit list prepared for OBC, therefore, they could not be appointed as no vacancies were available for OBC for appointment of petitioners no.2 and 4. Having perused the reply filed by respondent State, this Court is satisfied that no direction can be issued to the respondent State for appointment of respondent nos. 2 and 4 also against such posts even if they did not stand sufficiently high in the merit list. Therefore, this writ petition is found to be devoid of merit and the same is accordingly dismissed. No order as to costs. (DR.VINEET KOTHARI), J. item no.5 baweja/-