P.S. Asopa, J. - (1.) BY this writ petition, the petitioner is seeking appropriate writ, order or direction for appointment to the post of Senior Teacher English (Male) also called as Teacher Gr. II English in pursuance of the advertisement dt. 09.08.1998 whereby 37 posts have been advertised in all. Out of that 37 posts, 21 posts were meant for general category, 5 for SC, 4 for ST and 7 for OBC.
(2.) THE case, in short, of the petitioner is that while preparing the panel, the respondents have not kept in mind the ratio of the Constitutional Bench judgment delivered in case of R.K. Sabharwal and Ors. v. : [1995]2SCR35 , according to which, a candidate of reserve category standing in general merit cannot be counted in reserve category. The respondent State has submitted that selection list has been rightly prepared and as per note in the category of merit list, it has been mentioned that panel would remain valid upto 31st March, 1999. The Writ Petition has been filed after the expiry of the said date i.e. on 13.07.1999, therefore, no relief can be granted to the petitioner. Otherwise, also, the petitioner has not impleaded the persons selected and appointed and there is no vacancy of the relevant year, therefore, the writ petition is not maintainable.
(3.) ON the aforesaid objection, the petitioner has submitted that seniority list was wrongly prepared by the State Government, therefore, he cannot be allowed to suffer and further has challenged the action of the State, therefore, selected and appointed persons are not necessary party.;