VERMA, J. - (1.) ALL the petitioners were eligible for appointment on the post of Teacher Gr. III (Urdu) and possessed the minimum qualifications as provided in the Rajasthan Education Subordinate Service Rules, 1971. They had applied in response to the advertisement dated 9. 10. 1996 for such appointment relating to the recruitment for the year 1996-97. Even though number of vacancies for General Teachers were also advertised, but 10 vacancies were to be filled up for Urdu Teacher Gr. III. As per annexure attached to the writ petition No. 4778/1998, the select list of Teacher Gr. III was published and pasted on the notice board.
(2.) ALL the petitioners were interviewed. A merit list of 35 of Urdu candidates was prepared. The petitioners were within the list of 10 persons put on merit as per Schedule attached to the writ petition. It is the grievance that even though the petitioners were on merit, but except three persons Rubina, Mumtaz Khan and Abida none else have been given appointment even though respondents were selected as General Teacher and also even though they had not been shows on merit list for Urdu teachers. Minimum qualification was Xth pass of Higher Secondary with STC/b. Ed. The petitioners were interviewed. The name of the petitioner Yasmeen Khanam in Civil Writ Petition No. 1672/1997 was shown at merit No. 3 having secured 65. 39% marks. It is stated that on the merit list of person named at Sr. No. 1 Mohd. Saleem was already selected for the post of Teacher Gr. II, a higher post and, therefore, he did not join on that post. The petitioners have attached the merit list as under:- S. No. Name of Candidate Father's Name Percentage 1. Mohd. Saleem Sh. Islam Ahmed 70. 86 2 Mohd. Shareef Khan Sh. Bilal Ahmed 68. 16 3 Yasmin Khanam Sh. Abdul Rahman 65. 38 4 Mufeed Ahmed Sh. Sardar Ahmed 64. 29 5 Khaleek Ahmed Sh. Jalil Ahmed 64. 16 6 Nikhat Fatima Sh. A. Samad Rizvi 63. 74 7 Tasleem Bano Sh. A. Rasheed Nagvi 63. 45 8 Mohd. Sajid Sh. A. Samad Zaidi 62. 10 9 Ahatram Ahmed Sh. Islam Ahmed 60. 95 10 Vijarat Ali Sh. Basharat Ali 60. 58 It is the contention that after not joining of the one person on merit, the petitioner in Civil Writ Petition No. 1672/1997 is to be shifted to merit No. 1. Malafides have been alleged in regard to inclusion of the names of respondent No. 4 to 6 and for giving them the appointment as Urdu Teachers saying that they have been favoured and that the respondent Nos. 4 to 6 were not on merit list, but now has been placed on merit list as issued on 11. 8. 1996. But still have been given the appointment on 8. 1. 1997 as per order Annex-7 and some bungling is said to have been made in the office of District Education Officer while giving appointments to the Teachers Gr. III including Urdu teachers. The then District Education Officer (Boys), Jaipur I is said to have manipulated the list in the arbitrary manner; the persons whose names were not found in the merit list of Urdu teachers have been so included. It is further submitted that the respondent Nos. 4 to 6 had not even applied for Urdu teachers. He further submits that many vacancies of Urdu teachers are still available and except three vacancies filled up illegally by the respondent Nos. 2 to 4, no other vacancy has been filled up. Even if illegal appointments were made by respondent Nos. 2 to 4 and they are allowed to continue, but still as per advertisement seven vacancies are still to be filled up. According to the petitioner 57 vacancies are so available, but for the reasons best known to the respondents, the vacancies are not being filled up. Only three persons were given the appointment i. e. Miss. Rubina Wahid, Miss Mumtaz Khan and Miss Abida. According to the petitioner seven vacancies were still lying vacant as per the advertisement and even otherwise according to the petitioner 40 vacancies are still lying vacant as per Annex. 2. The petitioner has attached a copy of the letter (Annex. 14) written by the officer giving details of the total vacancies of Urdu Teachers available. S. B. Civil Writ Petition No. 1672/97
(3.) THIS writ petition has been filed by one Yashmeen Khanam. THIS petitioner had applied in view of the advertisement dated 9. 10. 1996, copy of which has been attached as Annex. 5 for the Sessions 1996-97 for the post of Assistant Teacher Gr. III (Urdu) called Urdu Teacher for 10 posts. S. B. Civil Writ Petition No. 1674/97 The petitioner was also one of the candidate to the advertisement dated 9. 10. 1996. She was interviewed and her name was found on the merit list at No. 7 with 62. 45% S. B. Civil Writ Petition No. 4778/97. The petitioner Ahatram Ahmed in S. B. Civil Writ Petition No. 4778/97 had obtained 60. 95% marks and was placed at merit No. 10. ;