1. - These 23 special appeals, the particulars of which are given in the Appendix annexed to this Judgement, have been filed against the decision of the learned Single Judge of this Court allowing the writ petitions and directing the respective Krishi Upaj Mandi Samitis to proceed to make appointments of the writ petitioners on the posts of Lower Division Clerks (hereinafter referred to as 'L.D.C.'). Both the State of Rajasthan as well as the Krishi Upaj Mandi Samitis concerned have filed special appeals against the same order passed by the learned Single Judge in 11 writ petitions However, in the case of Shiv Nath Singh, only the State of Rajasthan has filed D. B. Civil Special Appeal No. 322 of 1981 and the Krishi Upaj Mandi Samiti concerned does not appear to have filed a special appeal. Thus, the 23 special appeals, which we have heard together, arise out of 12 writ petitions and as common question of fact and law are involved in all these special appeals, it would be proper to dispose of them by a common order.

2. The Rajasthan State Agricultural Marketing Board, (hereinafter called 'the Board'), advertised 102 posts of L.D.C. The writ petitioners and several other persons applied for the said posts of L D.Cs. The process of selection considered of a written examination followed by a viva voce test or interview. Those who were successful in the written examination as were subjected to viva voce test and the candidates who were found suitable in both the written examination as well as the viva voce test were then called upon to undergo a typing test, either in Hindi or in English. A list of the successful candidates was communicated by the Director of the Board to the State Government The Director of the Board also prepared region-wise merit lists of the candidates, who were considered suitable for appointment as L D.C.s. and communicated the-same to the various Krishi Upaj Mandi Samitis hereinafter referred to as "Samitis" wish the direction that orders regarding appointment of the candidates selected for the posts of L.D.Cs. be issued by the Samitis concerned. In the case of respondents Rajendra Singh son of Shri Sumer Singh, Rajendra Singh son of Onkar Singh, Radhey Shyam and Bhanwar Singh, the concerned Samitis issued orders of appointment on the posts of L.D.Cs. on probation for a period of one year. But in the case of other successful candidates, who filed writ petitions in this Court and who are respondents in other appeals, orders of appointment could not be issued as the Director of the Board sub-sequently issued telegrams to the concerned Samitis between November 6 and 8, 1980 directing them not to issue appointment orders of the newly selected L.D.Cs. It was also mentioned in the telegrams issued by the Director of the Board that if appointment orders had already been issued, then the newly appointed persons should not be taken on duty until further orders. After the receipt of the aforesaid telegrams, the concerned Samitis refrained from issuing orders of appointment in respect of the remaining selected candidates for the posts of L.D Cs. and in case of those persons in respect of whom appointment orders had already been issued and who had already been taken on duty, they were relieved from service by subsequent orders passed by the concerned Samitis. The selected candidates, feeling aggrieved by the failure on the part of concerned Samitis from issuing orders of appointment even after they were declared successful as a result of these selections held by the Board for the posts of L D.Cs . and in relieving subsequently those persons who had already been given orders of appointment and who had joined their duties, filed writ petitions in this Court

3. The main grievance of the writ petitioners was that even after they were duly selected in accordance with the relevant rules contained in the Rajasthan Agricultural Produce Markets Service Rules, 1975, hereinafter referred to as "the 1975 Rules", the writ pe