SHARMA, J. - (1.) UNDER the discretionary powers provided by Rule 296 of the Rajasthan Panchayati Raj Rules, 1996, the State Government appointed Madan Mohan Sharma and Dharmendra Kumar Sharma (MMS and DKS) on the post of Teacher Grade III in the year 2000. The persons who were more meritorious than MMS and DKS filed writ petitions seeking their appointment on the post of Teacher Grade III and quashing the appointment of MMS and DKS. Learned Single Judge vide order dated February 12, 2001 struck down Rule 296 and quashed the appointment of MMS and DKS. The prayer of the meritorious persons for appointing them on the said post was also declined. It is against this order of the learned Single Judge that these 73 appeals have been filed.
(2.) CONTEXTUAL facts depict that on May 25, 1996 the posts of Teacher Grade III were advertised by Zila Parishad Sawai Madhopur wherein it was stipulated that the selection process will be held in terms of the Circular dated July 24, 1995 issued by the State Government in exercise of powers under Rule 17 (2) of Rajasthan Panchayat Samitis and Zila Parishad Act, 1959. Last date of submitting the applications and documents in support of the eligibility and merit was fixed as June 17, 1996. In the Circular dated July 24, 1995 it was stated that the marks secured by a candidate in Secondary and B. Ed/bstc course shall constitute the basis of preparing his merit for appointment on the post of Teacher Grade III. On July 20, 1996 another circular was issued by the State Government where by the earlier criteria for determination of merit was superseded and revised criteria was prescribed, in terms of which the merit was to be prepared on the basis of marks secured in Higher Secondary and B. Ed. /bstc course. Accordingly the last date for submitting applications and documents in support of the eligibility and merit for selection/appointment was extended upto October 30, 1990. Thereafter it was further extended upto December 20, 1996. On December 30, 1996 Rajasthan Panchayati Raj Rules, 1996 (for short `1996 Rules') were notified in the Gazette. Rule 266 provides that Senior Secondary with BSTC course shall be the minimum qualification for appointment on the post of Primary Teacher. A representative writ petition bearing No. 147/1997 titled Radhey Shyam Sharma and Another vs. State of Rajasthan was filed which came to be allowed by learned Single Judge vide order dated November 6, 1997, whereby it was held that the criteria applicable on the date of issuance of the advertisement was to be followed and the State Government was directed to consider the merit of the candidates in view of the circular dated July 24, 1995 that is Secondary and B. Ed/bstc course. Four special appeals were filed against the said order of learned Single Judge. Out of the four appeals, DB Civil Special Appeal (writ) No. 100/1998 (State of Rajasthan and Another Vs. Radhey Shyam Sharma and Another) was filed by the State of Rajasthan and another Appeal DB Civil Special Appeal (writ) No. 51/1998 (Dharmendra Kumar Sharma and Madan Mohan Sharma vs. State of Rajasthan and Another) was filed by MMS and DKS. On September 10, 1999 the permission was sought to withdraw the special appeals as well as the writ petition and the Division Bench passed following order:- " But, in the present case the relief sought for by the appellants is that the judgment of the learned Single Judge be set aside, which, in fact, is the prayer of the respondents also when they were seeking permission of this court to withdraw the writ petition itself. The result of withdrawal of the writ petition would be that the order of the learned Single Judge which was given in favour of the respondents shall stand nullified and thus we do not find any impediment in granting permission to the respondents (original petitioners) to withdraw their writ petition and accordingly the writ petition No. 147/97 (Radhey Shyam Sharma and Another vs. State of Rajasthan and Others) is permitted to be withdrawn. As a result of withdrawal of the writ petition No. 147/97, the order rendered by the learned Single Judge on November 6, 1997 no longer stands. "
(3.) THEREAFTER the State Government and Zila Parishad Sawai Madhopur on the basis of retrospective revival of Circular dated July 24, 1995 proceeded to make appointment on the basis of Secondary qualification. Being aggrieved of lowering down the criteria from Higher Secondary Education to Secondary Education, MMS and DKS filed the writ petition No. 1771/1999. During pendency of the writ petition, the State Government issued the Circular dated March 12, 1999, whereby the decision was taken for applying the prevalent criteria for selection for assessing the eligibility and merit of MMS and DKS invoking Rule 296 of 1996 Rules purporting to grant relaxation from the Rules. It also appears that the State Government prepared the merit list in terms of circular dated July 24, 1995 in the month of September, 1999 and appointment of 232 candidates were made, out of the merit list prepared in terms of Rule 274 of 1996 Rules. It also appears that as per the order issued by the State Government 93 posts were available, which were to be filled in terms of the advertisement No. 1/96. ;