Honble RAFIQ, J.–The present writ petition has been filed by the petitioner Jitendra Singh Rawat with the prayer that the respondents be directed to give him appointment on the post of Instructor, Physical Education, according to his placement in the merit list and in the alternative, it has also been prayed that the respondents may be directed to fill in 6th vacancy at Roster Point No. 29 pertaining to the other backward Classes (in short OBC) for the purpose of appointment on the post of Instructor, Physical Education thereby appointing him on the said post.

(2). The case of the petitioner in nut shell is that the respondents by an advertisement invited applications from eligible candidates for appointment on the post of Instructor, Physical Education in District Rajsamand against the vacancies of the year 1989-99. Last date for submitting the applications forms was 15th Sept., 1998 and on the same day, the respondents held the selection proceedings and prepared a merit list. This merit list was consisting of 20 persons in General Category and 20 persons in OBC category, besides the candidates belonging to Scheduled Castes and Scheduled Tribes categories. The petitioner alleged th

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