JUDGMENT 1. - This writ petition has been filed by the petitioners with a prayer that the respondents be directed not to terminate the services of the petitioners and if any order is passed for termination of their services, the same may kindly be set-aside and quashed. 2. In the stay application moved alongwith the petition the Court passed the following order on 13.6.1990; "Heard learned counsel for the petitioners and Shri N.L. Pareek, on behalf of the State. Reply filed has been perused. The additional affidavit filed by the petitioners has also been perused. Considering the facts and circumstances of the case, it is ordered that the services of the petitioners shall not be terminated so far the stay order dated 5th March, 1990, passed by the Rajasthan High Court at Jodhpur, in D.B. Civil Writ Petition No. 999/1990 (Misc. Stay Petition No. 926/1990) remains in operation. It is further clarified that if this order is modified in any manner then the parties may apply for the modification of the order in the present case also. The respondents are allowed to post the petitioners against any suitable posts and places different from the one on which they were appointed by the Annexures, which are their appointment orders." 3. According to the petitioners there are about 800 vacancies in the cadre of Civil Assistant Surgeons and that even after adjusting the candidates selected by the Rajasthan Public Service Commission, there will be no justification for termination of the services of the petitioners. 4. The respondents have stated that about 400 vacancies are existing for selection by the Rajasthan Public Service Commission. However, in writ petition filed (sic) that the main-sheet (sic seat) of the court (D.B. Civil Writ Petition No. 999/1990) this court granted stay against appointments. According to the respondents the candidates selected by the Rajasthan Public Service Commission have a preferential right of appointment. 5. When the case came up for consideration before the Court Shri M. I. Khan, learned Addl. Advocate General has stated that writ petition No. 999/90 pending at Jodhpur has been dismissed by the High Court and now appointments are being made on the posts of Civil Assistant Surgeons. This position is not disputed by Shri G.K. Garg that the writ petition No. 999/90 has been dismissed. 6. Advocate General has stated that writ petition No. 999/90 pending at Jodhpur has been dismissed by the High Court and now appointments are being made on the posts of Civil Assistant Surgeons. This position is not disputed by Shri G.K. Garg that the writ petition No. 999/90 has been dismissed. 6. Having considered the entire matter I am of the considered view that the candidates selected by the Rajasthan Public Service Commission have a preferential right of appointment as against those who are not selected. The petitioners who are not selected by the Rajasthan Public Service Commission cannot get a better right than those who are selected. In view of the matter the writ petition is disposed of with the following directions:- (i) the State Government shall be free to make appointments on the posts of Civil Assistant Surgeons from amongst the candidates selected by the Rajasthan Public Service Commission in the main list as well as in the reserve list. (ii) If after making appointments from the lists prepared by the Rajasthan Public Service Commission, there remain vacancies, the same would be filled by giving appointments to the petitioners and other similarly situated persons as was done in State of Rajasthan v. Rajendra Kumar Rawat and another 1989 Supplementary (2) SCC 268. 7. The stay orders passed by this Hon'ble Court on 11.6.1990 and 13.6.1990 also stand vacated. The parties shall bear their own costs.Petition disposed of. *******