Honble GARG, J.–This writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 14.12.1998 against the respondents with the prayer that by an appropriate writ, order or direction, the impugned order dated 12.11.1998 (Annex. P/9) passed by Director, College Education, Rajasthan, Jaipur (respondent No. 1) by which the prayer of the petitioner claiming seniority over the persons selected in the year 1969 was rejected, be quashed and set aside.

(2). The case of the petitioner as put forward by him in this writ petition is as follows:-

In response to the advertisement issued in the year 1968 for the vacancies of 1967-68 by the Rajasthan Public Service Commission (for short ``RPSC) for recruitment, selection and appointment to the posts of Lecturers against various specialities including the Speciality of Physics, the petitioner applied against the Speciality of Physics. Thereafter, list of selected candidates in the Speciality of Physics was issued inter-alia other lists. The total seats of the Lecturers in the Speciality of Physics in the Department of College Education were 12 and in the merit list, the name of the petitioner was shown at serial No. 12.

According to the petitioner, in respect of the candidates whose names were shown in the merit list from serial nos. 1 to 11, appointment orders were issued on different dates during the period from 12.2.1969 to 13.4.1969 and all these persons from serial nos. 1 to 11 were appointed against the vacancies of the year 1968 but at the relevant time, the order of appointment in favour of the petitioner was not issued somehow or the other.

The further case of the petitioner is that in the year 1969, again vacancies were advertised by the RPSC on the posts of Lecturers in various specialities including 19 posts of Lecturers in the speciality of Physics. The total vacancies in various specialities were about 100 and consequently, 100 lecturers were appointed against the vacancies of 1969.

The main case of the petitioner is that though the petitioner was selected and placed in the merit list in the recruitment which was held by the RPSC in 1968 against the vacancies of 1968, but the appointment order was not issued in favour of the petitioner and furthermore, in the recruitment, which was held in the year 1969 against the vacancies of 1969 in respect of various specialities including the speciality of Physics, appointments were made against 100 posts and these appointments were made in the year 1969 itself, but though the petitioner was selected in the year 1968, but his appointment order was not issued and ultimately, through order Annex. P/1 dated 2.2.1970, the petitioner was appointed as Lecturer in Physics on temporary basis and he was posted in the Government College, Dungarpur.

The further case of the petitioner is that though he was appointed through order Annex. P/1 dated 2.2.1970, but his seniority should have been reckoned from the batch of 1968 as his name appeared at serial No. 12 in the merit list of batch of 1968 and the persons, who were selected in the year 1969, should have been treated junior to him. In this respect, the petitioner made a representation and through letter Annex. P/2 dated 30.1.1971, the petitioner was informed that his seniority would be determined according to the Rajasthan Educational Service (Collegiate Branch) Rules, 1971 (hereinafter referred to as ``the Rules of 1971).

According to the petitioner, since further promotions are given on the basis of seniority, therefore, assignment of seniority on the basis of recruitment year plays a vital role regarding further promotion.

The further case of the petitioner is that tentative seniority list dated 15.7.1976 was notified by the respondents through Annex. P/3 and the persons, who were selected in the year 1968 (serial No. 1 to 11 of the merit list) were shown at serial number between 727 to 752 in that seniority list and the name of the petitioner should have been shown at s

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