// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.5401/2010 Vijay Singh Dhayal & Ors. Vs. State of Rajasthan and Others Date of Order ::: 19.04.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri R.K. Gouttam, Counsel for petitioners #### Contention of learned counsel for petitioners is that petitioners being appointed as Teacher Grade-III, have not been given posting in the district as per their choice or desired by them, whereas the candidates with lower merit, were given posting in the district of their choice. Learned counsel for petitioners cited judgment dated 25.02.2009 of this Court in S.B. Civil Writ Petition No.4473/2006, Manju Devi Dorwal and Another Vs. State of Rajasthan and Others, and has argued that in the aforesaid judgment, action of respondents in giving preferential treatment to candidates placed // 2 // lower in merit in the matter of posting in home district despite availability of candidates higher in merit, has been held to be violative of Articles 14 and 16 of the Constitution of India and respondents have been directed to given them posting in their home district in view of note no.1 in the advertisement within a period of two months from the date a copy of the order is produced before them. Having regard to the facts afore-stated and the judgment of this Court in Manju Devi Dorwal's case (supra), I deem it appropriate to direct the petitioners to make a representation before the respondents no.1 and 2 and, in case such representation is filed, the respondents no.1 and 2 shall consider and decide the same in the light of the aforesaid judgment in Manju Devi Dorwal's case (supra) and pass appropriate order on such representation of petitioners on the question of their posting in desired home district within a period of three months from the date of its submission. Petition stands disposed of. (Mohammad Rafiq) J. //RS//