SBCWP3051/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.3051/2010 Barfi Meena Vs. The State of Rajasthan and Others Date of Order ::: 31.03.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri R.S. Bhardwaj, Counsel for petitioner #### By the Court:- This writ petition has been filed by petitioner with prayer that respondents be directed to consider his case for appointment on the post of Upper Primary Teacher Gr.III in selection held by Rajasthan Public Service Commission in the year 2006. Contention of learned counsel for petitioner is that in all 17087 vacancies were advertised; and later on 1000 more vacancies became available. Petitioner belongs to Scheduled Tribe Woman category. The cut of marks of last appointed candidate in that category was 48%, whereas petitioner secured 46.67% marks. Since large number of posts are still lying vacant, respondents be directed to appoint petitioner. SBCWP3051/2010 // 2 // Upon hearing learned counsel for petitioner and perusing material on record, I find that while in first place writ petition has been filed belatedly almost after more than three years when process of selection was initiated and two years after appointments were given. Secondly even as per petitioner's own showing no candidate having lesser marks than petitioner in merit has been appointed. So mere availability of vacancies may not be a reason to require respondents to make appointment because between the marks secured by petitioner and cut of marks, there might be more many candidates who would also be required to be appointed. I find no merit in this writ petition and the same is dismissed. (Mohammad Rafiq) J. //Jaiman//