CWP 1751/01 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.1751/2001 Lokesh K.Sharma & Anil K. Goswami Versus State & (3) Ors. Date of Order ::: 02/04/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Sandeep Sharma, for petitioner Mr. Shivlal Meena, Dy. Govt. Advocate, for respondent State Instant petition has been filed seeking appointment on the post of Physical Training Instructor Gr.III on the basis of participation. Petitioners submitted their applications in pursuance of advertisement dt.09/08/98 (Ex.3) for the posts of Physical Training Instructor Gr.III of the year 1998-99, out of which four were reserved for General, two for ST and four for OBC categories, but any how only eight appointments were made. Petitioner No.1 belongs to open category while No.2 belongs to OBC category. Their only grievance is that despite having been placed in order of merit list prepared by respondents for the posts in question, yet they have not been considered for appointment against vacancies duly advertised for ten posts. Respondents have filed their reply wherein it has been inter-alia averred in paras 5 & 6 that since there were only eight vacancies, process CWP 1751/01 //2// therefor was initiated to fill up available vacancies and out of which two posts were for general candidates whose names find place at S. No.6 & 7 in order of merit while names of petitioners were found place at S.No.13 & 19 respectively. No persons lower in merit than petitioners' were appointed. Merely because petitioners have been named in order of merit, no right is conferred to seek appointment. This Court does not find any justification to entertain this petition. Consequently, writ petition fails and is hereby dismissed alongwith stay petition. No order as to costs. (Ajay Rastogi), J. K.Khatri/p2/1751CW01-0204aptTchr.doc