SBCWP NO.4814/2010– PADAM LAL PANWAR AND ORS. V/S THE STATE OF RAJASTHAN AND ORS. AND ONE CONNECTED WRIT PETITION :JUDGMENT DTD.26.8.2010 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. 1. S.B. CIVIL WRIT PETITION NO.4814/2010 Padam Lal Panwar and ors. Versus The State of Rajasthan and ors. 2. S.B. CIVIL WRIT PETITION NO.4884/2010 Pema Ram and ors. Versus The State of Rajasthan and ors PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.N.M.Lodha, for the petitioners Mr.R.L. Jangid, AAG assisted by Mr.Rajesh Bhati, for the respondents. Mr.Vijay Ram Baval, Dist. Education Officer, Elementary Education, Pali ] present in person. DATE OF JUDGMENT : 26th August, 2010. JUDGMENT 1. Heard the learned counsels. 2. The petitioners 17 in number, who belong to OBC category in these two writ petitions, are claiming appointment on the post of 'Prabodhak' under the Rules of 2008. The learned counsel for the petitioner urged that even though clear vacancies in OBC category SBCWP NO.4814/2010– PADAM LAL PANWAR AND ORS. V/S THE STATE OF RAJASTHAN AND ORS. AND ONE CONNECTED WRIT PETITION :JUDGMENT DTD.26.8.2010 2/3 with DEEO, Pali exist, as per the reply filed by the respondents themselves in the writ petition, the learned DEEO, Pali has failed to give appointment to those of the petitioners who stand in the merit and therefore, deserve to be appointed as Prabohak. 3. The learned counsel for the respondents Mr. R.L. Jangid, assisted by Mr. Rajesh Bhati has produced a chart before this Court showing the position of vacancies of Prabodhak under the Rules of 2008 with the DEEO, Pali which shows vide item No.7 of the said chart produced before the Court today that 2 vacancies for the 'male' and 11 vacancies for female category totalling 13 vacancies in OBC category exist as on today with DEEO, Pali. The learned counsel for the respondents fairly submitted that out of the petitioners aforesaid 17 in numbers those who come in merit, 13 of such persons can be adjusted and appointed against these vacancies. He further submitted that if female candidates are not available in sufficient number, then male candidates can be appointed against such 11 vacancies shown in the category of female candidates. For this purpose, the learned counsels brought to the notice of this Court Rule 9 of Rules of 2008 which clearly stipulates that in the event of non-availability of eligible and suitable women candidates, the vacancies so reserved for them shall be filled up by male candidates and such vacancies shall not be carried forward to the subsequent years. SBCWP NO.4814/2010– PADAM LAL PANWAR AND ORS. V/S THE STATE OF RAJASTHAN AND ORS. AND ONE CONNECTED WRIT PETITION :JUDGMENT DTD.26.8.2010 3/3 4. In this view of the matter, both these writ petitions are disposed of by directing the DEEO, Pali to issue appointment orders against all the 13 vacancies in OBC category shown to be existing as on today to those of 13 petitioners out of 17 who stand higher in merit. 5. The said DEEO, Pali, present in the court undertakes that such appointment orders would be issued positively before 30.8.2010. On such undertaking and the assurance of the learned counsel for the respondents, these two writ petitions are disposed of with aforesaid directions. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.114-115 Ss/-