Honble SINGHAL, J. — This judgment shall dispose of the present appeal and the similar writ petitions as mentioned in Schedule-A appended to the judgment since the order of learned Single Judge dated 24.11.1990 has been challenged and the points involved in all the matters are common.

(2). Learned Single Judge vide its order dated 24.11.1990 has disposed of a bunch of 690 writ petitions and directions were given that the respondents would prepare a merit list of all the successful candidates having 37.5% or more marks and consider the candidature of all those persons having 37.5% of marks or more for the purposes of giving appointments to the post of L.D.C. in the various subordinate offices and departments under the Government of Rajasthan, Rajasthan Secretariat and the office of the Rajasthan Public Service Commission etc. and would ensure that no candidate having a percentage of 37.5% and more than that at the previous examination, which is the subject matter of this litigation, and have been deprived of the appointment merely on the basis of preference given for one district and the preference which has been given for the purpose of second district to serve, is left without job. This order was made applicable to all the petitioners and other successful candidates of the examination in question having 37.5% marks or more irrespective of the fact whether their writ petitions are pending before this court or the cases in which no writ petitions have been filed.

(3). The facts giving rise to the present dispute are that an advertisement was issued on July 23,1986 by the Rajasthan Public Service Commission (hereinafter to be referred to as "the Commission") in respect of the competitive examination of Lower Division Clerks for 888 posts in the Subordinate Offices of the Government of Rajasthan, 57 posts in the Secretariat and 21 posts in the Commission. The total strength thus was 966 at the first instance. The last date for submission of application form was 15.10.1986 which was extended to 31.12.1986 and 98537 applications were received. Written examination was held on December 13, 1987 and the result was declared on May 9, 1988. The type examination was held on 29/30.10.1988 and the result was also declared on April 17, 1989. The select list was sent to the Government on July 3, 1989. In the advertisement issued, options were invited from the candidates for one district only, whereas Rule 21 of the Rajasthan Subordinate Offices Ministerial Staff Rules, 1957 (hereinafter to be referred as "the Rules") contemplated that option has to be given in respect of two districts. The list in respect of Bikaner District was prepared, in which the last candidate who was taken was having 37.5% marks, which were rounded to 38%. A batch of 58 writ petitions was filed on the ground that the candidates were not asked to give their option in respect of second district and since the candidates having 37.5% marks have been placed in the list prepared for Bikaner district, therefore, the right of those persons who could have given option for Bikaner district were deprived of giving such option on account of the advertisement issued, which is contrary to the provisions of Rule 21 of the Rules and it has deprived of their right for employment. The writ petitions were allowed on August 1, 1990 in the case of Rajendra Singh V/s State of Rajasthan (1). It was directed in this judgement that since all the petitioners have given their second choice (in writ) for appointment in Bikaner District they shall be. considered to be given appointment on the posts still lying vacant in Bikaner District in order of merit, provided none of them has secured less than 38% marks.

(4). Two Special Appeals No. 263/90 R.P.S.C. V/s Om Dutt Sharma and others and 264/90 R.P.S.C. V/s Rajendra Singh and others (2) were also preferred which were decided on 10.10.1990. In the aforesaid two cases, the Division Bench has held that the Commission shall issue a general notice to be p

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