[2025:RJ-JP:25184] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4633/2021 Ashok Kumar Yadav S/o Mangu Ram Yadav, Aged About 38 Years, R/o Village-Khohri, Tehsil-Bansur, District Alwar, Rajasthan ----Petitioner Versus 1. The State of Rajasthan, through the Principal Secretary, Department of Rural And Panchayati Raj Department, Secretariat, Jaipur, Rajasthan. 2. The Chief Executive Officer, Zila Parishad, Alwar, Rajasthan. 3. District Education Officer (Elementary), Alwar, Rajasthan. ----Respondents For Petitioner(s) : Mr. Sudhir Yadav For Respondent(s) : Mr. Gopal Krishan Sharma, AGC Mr. Aditya Sharma for Mr. Kesar Singh Shekhawat HON'BLE MR. JUSTICE SUDESH BANSAL Order 08/07/2025 1. Heard counsel for both parties and perused the material available on record. 2. Petitioner preferred instant writ petition under Article 226 of the Constitution of India seeking directions against respondents to appoint the petitioner on the post of Gram Panchayat Shayak, Khohri. 3. It has, inter alia, been pleaded that petitioner stood in merit position at Serial No. 3 in the recruitment for the post of Gram Panchayat Sahayak, Khohri. [2025:RJ-JP:25184] (2 of 3) [CW-4633/2021] 4. It has been pleaded that one Shri Dharampal Yadav secured merit position No.1 and Shri Dinesh Kumar Jat secured merit position No. 2. It has been pleaded that two vacant posts were available and since Dinesh Kumar Jat, who stood at merit position No.2 did not join, respondents be directed to allow joining to the petitioner against the vacant post of Gram Panchayat Sahayak, Khohri. 5. In support of such pleadings, petitioner has placed on record the proceedings of selection dated 04.10.2017 (Annex-4) recorded in the register of School Development and Management Committee (SDMC) of Rajasthan Higher Secondary School, Khohri. 6. A perusal of such proceedings, goes to show that in the merit list, only two persons were selected, who are (i) Dharampal Yadav and (ii) Dinesh Kumar Jat. Name of petitioner at merit position No.3 does no finds place in these proceedings. 7. Respondents in their reply to the writ petition has specifically denied that petitioner stood at merit position No.3 in the present selection process. Respondents specifically pleaded that since petitioner was not selected in the merit list, hence, he cannot be allowed to be permitted to join on the post of Gram Panchayat Sahayak, Khohri, even if one of the selected candidates viz. Dinesh Kumar Jat did not join. 8. Having perused the pleadings and the documents produced by the petitioner in support thereof, this Court is not convinced that petitioner was ever selected and was placed at merit position No.3. Document (Annexure-2) clearly shows that only two persons namely Dharampal Yadav and Dinesh Kumar Jat were selected and were placed in merit position at Serial No.1 and 2 against two [2025:RJ-JP:25184] (3 of 3) [CW-4633/2021] posts. Merely for the reason that Dinesh Kumar Jat did not join and one post of Gram Panchayat Sahayak, Khohri, fallen vacant, petitioner cannot claim his appointment/ selection of such post, when he was not selected on merits. It is not the case that any wait list was prepared by the respondents, rather it is case where in the recruitment process only two persons were selected on merits. 9. This Court finds that petitioner could not succeed in making out a case on merits in his favour for issuance of direction against respondents to appoint him against the vacant post of Gram Panchayat Sahayak, Khori is made out. 10. As a result, the writ petition is hereby dismissed. 11. Stay application and other pending application(s), if any, stand disposed of. (SUDESH BANSAL),J NITIN /226