1. - The present writ petitions have been filed in the years 1999, 2002 and 2003 for filling up the vacancies on account of non-joining of the candidates selected and appointed in pursuance of the advertisement dated 23.7.1986 inviting applications for the post of Lower Division Clerks (LDCs). The selections were first made by the Rajasthan Public Service Commission district-wise and orders have also been issued by the State Government for district-wise appointments. Subsequently, the Division Bench of this Court had struck down Rules 19 and 24 of the Rajasthan Subordinate Offices Ministerial Staff Rules, 1957 (in short, 'the Rules of 1957') regarding holding examinations and preparing merit-list district-wise and directed the State Government to prepare a State-wise merit list to fill up the remaining posts of LDC numbering to 906 plus vacancies upto 10.4.1991.

2. This case has chequered history as the advertisement was issued in the year 1986 and the litigation is going on upto 2007 on account of the fact that there was a dispute about the exact number of vacant posts of LDC to be filled up in compliance of the aforesaid judgment of the Division Bench, which remained vacant on account of non-joining as well as the different numbers of vacancy/post shown by the State before the Division Bench, Special Leave Petition in Supreme Court and also in the contempt petition.

3. The Supreme Court vide order dated 1.8.2005 passed in a contempt petition have liberty to the petitioner (therein) to file substantive writ petition for filling up 248 unfilled vacancies. Therefore, the issue before the Court is whether there were 248 vacancies in existence on 1.8.2005 and whether the petitioners are entitled for appointment as per the aforesaid order of the Supreme Court.

4. It would be appropriate to narrate the history of the case before proceeding further.

5. The advertisement in this case was issued for 888 vacancies for the subordinate officer in the year 1986 for which Combined Competitive Examination was held and the successful candidates were given appointment first district-wise in accordance with the Rules of 1957. On 10.4.1991, this Court passed the interim measure directing the State Government to supply the statement of district- wise and department-wise vacancies. This Court has also directed the State Government to prepare the list after inviting options from the candidates other than -those who have been appointed against 906 vacancies. The Division Bench vide its order dated 7.5.1992 struck down second proviso to Rule 19 and Rule 24(1) of the Rules of 1957 as violative of Articles 14 and 16 of the Constitution of India. This Court has also directed that such posts of LDC which were still lying vacant out of 906 posts shall be filled up after preparing state-wise merit list and not district-wise merit list. Against the said judgment, the SLP was filed before the Supreme Court and the Hon'ble Supreme Court directed that those candidates who have secured more marks than those who have already been appointed either on the State level or district level will be accommodated in the remaining vacancies of 2597 plus the vacancies upto 10.4.1991. The Court has also directed to inform the actual number of vacancies.

6. When the State Government did not fill up all the vacancies of LDCs tili 10.4.1991 an application for direction alongwith contempt petition was filed before the Supreme Court and affidavits were also filed on behalf of the State before the Supreme Court stating therein that out of 2597 vacancies 174 vacancies unfilled have been filled in accordance with the merit list of the examination in question as per the direction of this Court and there were no more vacancies till 10.4.1991. The Supreme Court disposed of the contempt petition on the basis of the said affidavit.

7. On coming to know that still vacancies were available and the same had not been filled up, another contempt petition was filed in the Supreme Court and