1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.2746/2004. : : Hari Narayan Bunkar Vs. The Secretary Govt. of Raj. & Ors. : : Date of Order 19.8.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.B.R.Rana for the petitioner. Mr.Shyam Sunder Sharma, Govt.Counsel, for the State. This writ petition has been filed with the prayer that the respondents be directed to appoint the petitioner on the post of Physical Training Instructor. The petitioner applied on that post pursuant to advertisement in the year 1997-98. According to the petitioner, he secured 69.72% of marks in the merit and his ranking in the category of SC candidates was 12 in merit. The respondents issued appointment order to 9 candidates and did not issue to the remaining candidates. The respondents have contested the claim of the petitioner that his merit position was 12 but according to the respondents, merit position of the petitioner was 13 in the category of SC. However, they admitted that 69.72% marks 2 have been obtained by the petitioner. It is further contended by the respondents that only 9 appointments could be made out of the aforesaid vacancies. The admitted case of the parties is that appointment in the category of SC was given to only 9 candidates and no more. Learned counsel for the respondents citing the advertisement issued by the respondent (Annex.2) argued that 12 posts were reserved for SC but at the time of appointment only 9 posts became available for SC candidates due to the availability of less vacancy for appointment. The assertion of the petitioner is that his merit position was 12, but according to the respondents the merit position of the petitioner was 13 in the category of SC which cannot be disbelieved. There would be thus three more candidates then the petitioner. No case for mandamus is, therefore, made out. In the result, the writ petition is dismissed. (MOHAMMAD RAFIQ)J. A.Arora/-