- (1.) Instant appeal is directed against order of the Ld. Single Judge impugned dt.31-1-2014.
(2.) It is brought to our notice that the self same judgment of the Ld. Single Judge came to be challenged at the instance of Rajasthan Public Service Commission in D.B. Civil Special Appeal No.428/2015 & five other connected appeals which came to be decided at the motion stage vide order dt.5-8-2015 and we consider it appropriate to quote the extract of the order passed by the Coordinate Bench of this Court being relevant for the present purpose reads as under :- "The question as to whether the writ petitioners can be accommodated for appointment in the Selections for Teacher Gr.III in the years 2004 to 2006 will now depend upon the availability of the vacancies of Teacher Gr.III of the years 2004 to 2006. It is the State Government, which was required to take a decision considering the number of vacancies of Teachers Gr.III for the years 2004 to 2006 and for that purpose, the RPSC had to make recommendation for appointments in pursuance to the judgment of the High Court. We do not find any error in the judgment of learned Single Judge and hold that the Degrees of the students will relate back to the year in which they had appeared in the B.Ed. Examination, and thus, the RPSC should recommend their names for appointment to the State Government on which the State Government may consider the appointments to the writ petitioners for the years 2004 to 2006, subject to availability of vacancies for those years. It goes without saying that if the appointments are made, the writ petitioners shall not claim their seniority over and above the Teachers Gr.III, who have been appointed subsequently nor any monetary benefits can be claimed by them for such period. All the Special Appeals are dismissed. A copy of this order be kept in all the connected matters."
(3.) Another batch of special appeals dealing with the self same question came up for consideration at a later stage before the Division Bench of this Court & 138 special appeals were decided vide judgment dt.31-3-2016 and the extract of the later judgment of which reference has been made reads as under :- "Mr. Rajendra Prasad, Addl. Advocate General further submits that when the appointments have been made in excess to the vacancies advertised by the Commission, pursuant to the advertisement dt.30.10.2006, at least there should not any further appointments made in reference to the advertisement dt.30.10.2006. We too find substance in the submission made by the counsel. We might have approved the appointments made by this time in the peculiar exigency brought to our notice but this could not be made an on-going process and once this fact has come on record that appointments in excess to the vacancies advertised have been made, certainly no further appointments should by permitted in reference to the advertisement dt.30.10.2006. Accordingly, all the orders passed by the ld. Single Judge which are impugned before us stand modified, in terms of the present order. Consequently, all the appeals in the terms, referred to supra, with modification of the orders of the ld. Single Judge stand disposed of and as a consequence thereof, all the misc. applications stand disposed of. We further make it clear that to sum-up the instant litigation and looking to the exigencies brought to our notice, we may observe that the present order may not be cited as a precedence in other matter. No costs.";