CW 10015/09 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.10015/09 Afsana Khan & Ors. Versus State & Ors. DATE OF ORDER : 21/08/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Dr. Vikram Singh Nain, for petitioners *** Instant petition has been jointly filed by petitioners with the grievance that judgment of this court dt.20th February, 2008 passed in CWP- 1120/08 & other connected petitions has been wrongly interpreted by the Government and services of the petitioners are going to be terminated under the garb of order dt.19th June, 2009 [Ann.13]. As alleged that despite they were appointed in pursuance of first advertisement dt.4th May, 2007 where merit was prepared on district-wise basis and it was not the subject matter in CWP- 1120/08 decided on 20/2/08, as such respondents are not justified in taking action against them in pursuance of judgment of this court referred to supra vide order impugned dt.19/6/09. It appears from the record that controversy arose before this court was as to whether CW 10015/09 [2] government was justified in preparing merit list on district level basis and while examining this controversy, this court has taken note of both advertisements – [1] dt.4th May, 2007 & [2] dt.8th August, 2007 and after examining the controversy as to whether district-wise selections could be made and is permissible under law - finally it was held that merit list be prepared on state level by adopting one & same criteria and both advertisements – [1] dt.4th May, 2007 & [2] dt.8th August, 2007 have been noticed by this court while passing its final judgment. Counsel submits that corrigendum, of which reference has been made by this court dt.25th August, 2007 it is only in regard to second advertisement dt.8th August, 2007. As such, selection process initiated and finalized by the respondent-State in reference to first advertisement dt.4th May, 2007 could not have been taken note of by the respondent-State in its order dt.19/6/09 under the garb of judgment of this court referred to supra. In the opinion of this court, submission made is without merit for the reason that controversy arose before this court was as to whether CW 10015/09 [3] district level merit could have been prepared by the respondents and both advertisements – [1] dt.4th May, 2007 & [2] dt.8th August, 2007 were taken note of and finally this court observed in regard to both the advertisements that selection should be made on one & same criteria at State level for preparation of merit and the State Government has also issued order dt.19/6/09 strictly in compliance of order of this court. The Government is certainly under an obligation after judgment of this court to prepare the merit list at State level in reference to both the advertisements – [1] dt.4th May, 2007 & [2] dt.8th August, 2007 and in compliance thereto order, which has been issued by the State Government, impugned in the instant petition dt.19th June, 2009, in no manner requires interference by this court. Consequently, writ petition fails and is hereby dismissed. [AJAY RASTOGI], J. FRBOHRA10015CW09 21-8.doc