JUDGMENT 1. - This judgment would dispose of this and 51 other special appeals (details given in schedule) directed against common order of the learned Single Judge passed on 62 writ petitions by which the writ petitions filed by the appellants have been dismissed. The facts have been set out in details in the order of the learned Single Judge and therefore we need not repeat them. 2. Learned Single Judge has found as a matter of fact that there were only 7 vacancies of Class IV employees in the general quota and the Chief Medical & Health Officer Jaipur had made appointments of 64 persons belonging to SC/ST category in total disregard of the Government instructions contained in the letters dated March 31, 1989 and July 13, 1989. Even the requirement of non-availability certificate which was required to be obtained prior to making of new appointments in terms of Circular dated October 25, 1989 was completely ignored. Learned Single Judge also observed that the back log of SC/ST had already been completed. Learned Single Judge pointedly observed that the learned counsel for the petitioners could not show as to under what law the Chief Medical & Health Officer had made appointments of 64 persons. Learned Single Judge rejected the plea of the appellants that the termination of the appellants was by way of punishment. 3. Along with this special appeal an application under Order 41 Rule 27 C.P.C. has been filed by the learned counsel for the appellants with this application he has filed a copy of the Circular dated July 31, 1990. This Circular contains a decision of the Government by which the ban imposed against making of appointments by direct recruitment Vide Circular dated 31st March, 1989 was relaxed to the extent it was necessary to fill up the back log of SC/ST candidates in different State and Subordinate services. The second Circular is dated July 28, 1989 which also shows that for filling the posts of SC/ST in order to complete the back log the ban against making of fresh appointments would not apply. The third document is a letter dated April 12, 1989 written by the Deputy Secretary to the Government Medical & Health Department and it contains the sanction of various temporary posts including 270 posts of Ward- boys and Sweepers on daily wage basis. The third document is a letter dated April 12, 1989 written by the Deputy Secretary to the Government Medical & Health Department and it contains the sanction of various temporary posts including 270 posts of Ward- boys and Sweepers on daily wage basis. Lastly there is a statement containing the sanction of the Community Health Centre for various places. 4. Shri Bhanwar Bagri learned counsel for the appellants has reiterated the submissions made before the learned Single Bench. In addition to that he has submitted that the learned Single Judge was not correct in holding that the Chief Medical & Health Officer could not have made appointments on account of non- availability of vacancies. He has placed reliance on the sanction of new posts of Ward-boys/Sweepers conveyed by letter dated 12.4.1989. He submits that there still exists back log of vacancies of SC/ST. 5. We are of the view that the submissions of Shri Bagri have no substance and the same deserve to be rejected. In the letter dated 12th April, 1989 itself it has clearly been mentioned that the posts of Class IV servant shall not be filled without obtaining clearance from the Government. There is no document to show that any such clearance had been given by the Government. It is clearly borne out from the judgment of the learned Single Judge that the Chief Medical & Health Officer Jaipur had exceeded his jurisdiction and had acted with extraneous consideration in making appointments of 64 persons. He did not follow the provisions of the Rajasthan Civil Services (Class IV Servants) Rules 1964. He did not procure the non-availability Certificate before issuing the order of appointment. 6. We are in agreement with the learned Single Judge that since the appointments were illegal no right came to be vested in favour of the appellants. We are of the view that issuance of a writ in favour of the appellants would amount to perpetuation of the illegality. 7. However, before concluding we take note of the submission of Shri Bagri that there still remains back log of SC/ST vacancies. In the absence of any material being placed before us and also in view of the fact that clearance of the Government has not been obtained we cannot give any direction in this regard. 7. However, before concluding we take note of the submission of Shri Bagri that there still remains back log of SC/ST vacancies. In the absence of any material being placed before us and also in view of the fact that clearance of the Government has not been obtained we cannot give any direction in this regard. However, we would like to observe that if there still remains beck log of SC/ST vacancies and if the Government wants to fill the posts of Class IV in future the cases of the appellants would receive a preferential sympathetic consideration. 8. In the result we do not find any merit in the appeals and the same are dismissed with the above observations regarding the consideration of appellants candidature in the event of future recruitment.Appeals dismissed. *******