D.B. CIVIL SPECIAL APPEAL (WRIT) NO.392/2008 Prahlad Kumar Vs. Director, Panchayati Raj & Rural Dev. Deptt., Jaipur & Ors. Date of Judgment :: March 05, 2008. HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Hari Kishan Sharma for the appellants. *** Heard learned counsel for the appellant. Under challenge in this appeal is the judgment dated 7.9.2007 whereby the writ petition filed by the appellant was dismissed by the learned Single Judge of this Court on the premise that since the whole selection process is over and appointments have also been made long back, the direction sought for cannot be issued at this belated stage. Learned counsel for the appellant submits that the ground on which the writ petition was filed was that even though the respondent nos.3 and 4 figure far below in the merit than the petitioner, yet they were illegally appointed. Similar writ petition earlier filed against the appointment of Respondent no.3 Madan Mohan Sharma and Respondent no.4 Dharmendra Kumar Sharma was allowed by the learned Single Judge of this Court and the special appeal against the said judgment filed by them was disposed of by the Division Bench while substantially upholding the impugned judgment. Reference was made to the judgment of the Division Bench in the case of Madan Mohan Sharma & Anr. Vs. State of Rajasthan & Ors. (D.B. Civil Special Appeal No.76/2001 decided on 19.12.2005). -2- A perusal of the Division Bench judgment shows that the respondent nos.3 and 4 were appointed in the discretionary quota of the Minister invoking Rule 296 of the Rajasthan Panchayati Raj Rules, 1996. The Division Bench however while disposing of the appeal made the following directions : “As a result of the above discussion, we dispose of the instant appeals in the following terms : (i) We direct the State Government to forthwith constitute a Committee headed by the Chief Secretary to examine as to whether vacancies of Teacher Grade III pursuant to the advertisement no. 1/96 still exist and whether after the judgment dated February 12, 2001 of learned Single Judge any appointment on the post of Teacher Grade III was given by giving relaxation under Rule 226 of 1996 Rules. (ii) Any appointment so given under Rule 296, which was struck down, shall be subject to enquiry. (iii) The meritorious persons included in the select list drawn in pursuance of advertisement no.1/96 shall be considered for appointment on the basis of their merit against the vacant posts of Teacher Grade III. (iv) The appellants MMS and DKS (Appeal No.76/2001) who have served nearly six years as Teacher Grade III and have become over age by now, shall be reconsidered on the basis of their merit in secondary examination and till final decision is arrived at, they shall be allowed to work on the post of Teacher Grade III and their services shall not be terminated. (v) There shall not be any order as to costs.” In view of the aforequoted directions, it is evident that the Division Bench in the said judgment clearly held that the meritorious persons included in the select list drawn in pursuance of the advertisement no.1/1996 shall also be considered for appointment on the basis of merit against vacant -3- posts of Teacher Grade III and that the appointment of respondent nos.3 and 4, which was struck down by the learned Single Judge in that case, shall be subject to the enquiry that was ordered to be made by a Committee headed by the Chief Secretary of the State. Grievances of the writ petitioner based on the appointment given to the respondent nos.3 and 4 thus, no longer survives, for, their appointment was struck down and enquiry was ordered to be made with a further direction that as and when the respondents decide to make further appointments, names of all meritorious persons included in the select list on the basis of the merit shall be considered. In this view of the matter, it goes without saying, directions of the earlier Division Bench judgment shall also govern the case of the writ petitioner. With these observations/directions, this appeal is disposed of. (MOHAMMAD RAFIQ),J. (NARAYAN ROY), CJ. Skant/-