Hon'ble BHANDARI, J.—Aggrieved by the judgment of the learned Single Judge, these appeals have been preferred by the Rajasthan Public Service Commission (hereinafter referred to as 'the RPSC', for short) and in few cases by the State of Rajasthan.

2. The brief facts relevant to the present case are that the appellant - RPSC issued an advertisement on 18.8.2004 for selection to the post of Lecturer in various subjects. for the post of Lecturer (English), 271 posts were advertised. Appellant - RPSC, after holding test and interview, declared the result of the selected candidates. So far as the petitioners-respondents are concerned, they were kept in the reserve list, which was consist of 38 candidates. Aforesaid reserve list was issued on 16.9.2006. On publication of the main select list, 77 posts remained unfilled due to non-availability of the reserved caste candidates, thus at this stage, few petitions were filed claiming appointment on the post of Lecturer (English). The main thrust of the claim was that as per the existing rule prior to 10.10.2002, unfilled vacancies of reserved caste has to be filled up by normal procedure, however, respondent-appellant failed to apply t