JUDGMENT 1. - This writ petition has been filed by the petitioners, Ram Singh and 23 others similarly situated candidates who had been recruited for appointment on the post of PTI Gr. III and whose names have been included in the select list prepared by the District Education Officer, Alwar in the various schools upto the level of Upper Primary Standard. The process of recruitment was started by the Education Department wherein all the 24 petitioners participated and their names were included in the select list filed with the writ petition as Annexures 3 and 4, as was prepared by the District Education Officer, Alwar (Boys). These select lists were prepared in November, 1982. The appointments were made on the basis of these select lists from time to time as per the availability of the vacancies in accordance with merit. The petitioners names were down below in the select lists and before their turn for appointment could reach, with reference to the availability of the vacancies, the Government passed an order on 8th November, 1988 (Annexure/7) with the writ petition, by which all the schools upto the level of upper primary standard in the rural areas were transferred to the Zila Parishad. With the transfer of these schools by the order dated 8th November, 1988, the Zila Parishad stopped acting on the previous select lists prepared by the District Education Officer, Alwar and the Rural Development and Panchayat Raj Department issued a letter dated 20th September, 1989 to all the Pramukhs, of Zila Parishads Collectors of the District and Chief Executive Officers and Secretaries of the District Establishment Committees in the matter of filling up Gr. III posts of Teachers in the various schools which had been transferred to the Zila Parishads. As per this letter, appointments to the posts of Teacher Gr. III were yet to be made by the Education Department; but so far appointments to the posts of Teachers Gr. III are concerned, it was mentioned that the selection will be held by the Establishment Committees of various Zila Parishads and for this purpose selection was also to be held by the Establishment Committees of the various Zila Parishads. III were yet to be made by the Education Department; but so far appointments to the posts of Teachers Gr. III are concerned, it was mentioned that the selection will be held by the Establishment Committees of various Zila Parishads and for this purpose selection was also to be held by the Establishment Committees of the various Zila Parishads. Through this writ petition, the petitioners seek to challenge the recruitment and the appointments to be given by the Zila Parishads and they have come with the case that unless and until the select list which had been prepared by the District Education Officer is exhausted, there is no question of making a recruitment afresh by the Zila Parishad and make appointment on the basis of such recruitment. The petitioners' contention is that select list had been prepared for various Upper Primary Schools, Which had been transferred on 8th November, 1988 in the rural areas, these very select lists were being made use of for appointment in urban areas even in respect of Teachers Gr. III and, thus, a discrimination is being made in the matter of giving appointments in rural areas and urban areas. If the select lists were prepared prior to the transfer of Upper Primary Schools to the Zila Parishads and are being made use of for giving appointments in the urban areas, there cannot be any justification to deny such appointments in the rural areas more particularly when the Government itself had held out that the select lists which had been prepared uptill 31st December, 1983 will be 'honoured for giving appointments even on the post of Teacher Gr. Ill. The petitioner has referred to Government Circular No. F. 8(4) Gr. 11/80 dated 17th October, 1984, in para 7 of the writ .petition and has submitted that on the basis of this Circular the select list prepared by the District Head Quarters upto 31st December, 1983 shall be valid and the persons whose names were included in the aforesaid select list shall be given appointment on the post of Teachers Gr. III. A copy of the Circular dated 7th April, 1986, published in Shivira of July 1986 has been enclosed with the writ petition as Annexure/6. On that basis, it has been submitted that the select list which was prepared for the post of PTI Gr. III. A copy of the Circular dated 7th April, 1986, published in Shivira of July 1986 has been enclosed with the writ petition as Annexure/6. On that basis, it has been submitted that the select list which was prepared for the post of PTI Gr. III/Librarian upto 31st December, 1983 at different Head Quarters have to be exhausted. It has been further Submitted on behalf of the petitioner that the post of Teacher Gr. III of Upper Primary Schools has not been encadered in the cadre in the Panchayat Samities and Zila Parishad Service and no corresponding amendment were made in the service rules and, in these circumstances there is no justification for denying appointment to the petitioners on the post of Teacher Gr. III. The petitioner has also argued with reference to Annexure/33 enclosed with the rejoinder read with document Annexure 36 filed with the additional affidavit dated 29th August, 1990 and it has been submitted that Annexure/33 read with Annexure/36 would show that in other district appointment have been given in the month of December, 1989 on the basis of select list which had been prepared prior to the end of the year 1983. 2. The petitioner's claim has been sought to be traversed in the reply and in the reply field on behalf of the respondents, it has been stated that the Upper Primary Schools had been placed under the control of the Zila Parishad by the State Government vide order dated 8th November, 1988, but the vacancies which were available prior to the transfer of schools to the Zila Parishad on the post of Teacher Gr. III and the PTI Gr. III Have to be filled up by the District Establishment Committee of the Zila Parishad and the select list, which had been prepared by the District Education Officer had become ineffective for making appointment in the rural areas and the appointment on the post of PTI Gr. III can only be made in the urban area according to the select list prepared by the District Education Officer. III can only be made in the urban area according to the select list prepared by the District Education Officer. The issue of the letter dated 20th September, 1989 by the rural Development and Panchayati Raj Department has been admitted, in para 10 of the reply and the total case which has been set up in the reply is that the select lists which had been prepared earlier by the District Education Officer are notifications for making appointment in the rural area and have to be treated to be valid only for urban areas. In para 12 of the writ petition, it has also been stated that the concerned Zila parishad had issued an advertisement dated 7th October, 1989, by which applications were invited for 107 posts of Teacher Gr. III and PTI. The petitioner has states that applications had been invited by the Zila Parishad, Alwar and interviews were already held by the District Established Committee for the post of PTI-III but so far no appointment have been made and the vacancies against which this recruitment was held, include those vacancies also against which the petitioners could be appointed had the select list prepared by the District Education Officer, Alwar, prior to 31st December, 1983, been acted upon and given effect to. 3. I have considered the rival submissions made on behalf of the parties and I am of the opinion that if the process of recruitment had been completed and appointments were being continuously given on the basis of the select list which had been prepared earlier by the District Education Officer in accordance with the merit position assigned in those select lists, merely because the schools had been transferred to Zila Parishad, the right of being considered for appointment which had accrued in favour of the petitioner could not come to an end merely because by order dated 8th November, 1988, the State Government had chosen and taken a decision to transfer the schools upto the level of Upper Primary Standard to Zila Parishads in rural areas. Even if such schools had been transferred, appropriate directions should have been issued by the Rural Development and Panchayat Raj Department to act upon the select lists which had been prepared by the District Education Officer and further appointments by the Zila Parishads itself should have been directed to be made only after exhausting the already prepared select list. Even if such schools had been transferred, appropriate directions should have been issued by the Rural Development and Panchayat Raj Department to act upon the select lists which had been prepared by the District Education Officer and further appointments by the Zila Parishads itself should have been directed to be made only after exhausting the already prepared select list. I also find that no discrimination can be made on the basis of rural areas and urban areas when the candidates names are there in the same select list. If appointments are permitted in urban areas and the same are denied in rural area and the Government comes with the stand that the very same select list is effective for urban area and is not effective for rural area, it is a clear case of hostile discrimination amongst the similarly situated candidates whose names arc there in the very same select list. 4. The discrimination becomes all the more glaring when it is found that even for rural areas such very select list has been made use of in Bharatpur district and the appointments on the post of teacher Gr. III have been made in Zila Parishad, Bharatpur, on the basis of the select list which had been prepared by the District Education Officer, Bharatpur prior to 31st December, 1983. 5. The writ petition is, therefore, allowed and it is directed that the respondents shall first exhaust the select lists which had been prepared by the District Education Officer, Alwar prior to 31st December 1983 and the appointment will be given to the petitioners whose names were included in the select lists prepared by the District Education Officer, Alwar in November, 1982 and make further appointments, only if there are any further vacancies, and only for such further vacancies, the Zila Parishad may give appointment on the basis of recruitment which may have already been held by it or Mich may be held in future.The writ petition is allowed as indicated above, with no order as to costs.Writ Petition Allowed. *******