SBCWP5812/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.5812/2010 Rajesh Kumar Pilaniya Vs. The State of Rajasthan and Another Date of Order ::: 29.04.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Dharamveer Tholia, Counsel for petitioner #### By the Court:- Learned counsel for petitioner has relied on Rule 9 of the Rajasthan Panchayati Raj Prabodhak Service Rules, 2008 (for short, 'the Rules of 2008') and argued that if the post earmarked for OBC category remained unfilled, that should not be carried forward, rather should be offered for appointment to the male candidates of OBC. Yet the respondents have kept 10 posts of OBC women unfilled to be carried forward and are not giving appointment to the petitioner despite the fact that he appears in the merit list immediately below the merit of OBC candidates who have been given appointment. Having regard to the nature of Rule 9 of the Rules of 2008 and the fact of the cases, instead of directly entertaining the writ petition, I require the petitioner to make a representation to the respondent No.2 the District Education Officer, Elementary Education, Churu, who shall SBCWP5812/2010 // 2 // pass appropriate order with regard to his appointment in accordance with the provisions of Rule 9 of the Rules of 2008 and dispose of the representation within a period of six weeks from the date of its making. Writ petition stands disposed of accordingly. (Mohammad Rafiq) J. //Jaiman//