JUDGMENT 1. - Nobody appeared on behalf of the non-petitioners despite service of notice. At the time of hearing also nobody appeared for the State of Rajasthan for the Zila Parishad to assist this court and the matter was again ordered to be listed under the head to be mentioned but again nobody appeared for the State to assist the court with regard to Seventy Third Constitution. Amendment Act and Seventy Fourth Constitution Amendment Act to show whether the amendment provisions have been complied with by the State legislature strictly in accordance with Article 243G and whether the State legislature has framed any law required under the said Article of the Constitution of India to provide powers of Self Government to Panchayats. 2. Though the reliefs sought in this writ petition are related to setting aside the advertisement No. 8 of 1995 (Annexure-3) and for issuance of direction to the respondent No. 2 Zila Parishad Barmer to first, comply with the letter issued by the Secretary, Rural Development and Panchayat Raj Department through Annexure-4 before exhausting the vacancies of the year 1993-94, 1994-95, yet I cannot ignore the amendments introduced by Part IX of Constitution Seventy Third Amendment Act, 1992, which has come into force on 24.3.1973 (hereinafter to be referred to as the Constitution Amendment Act, 1992). By the said Constitution Amendment Act, 1992, new Articles 243 to Article 243-0 have been introduced. Article 243(d) defines `Panchayat' which means an institution (by whatever name called) of self Government constituted under Article 243-B for the rural areas. Article 243-B reads as under : "243-B Constitution of Panchayats (1) There shall be constituted in every State, panchayats at the village, intermediate and district levels in accordance with the provisions of this Part. (2) Notwithstanding anything in clause (1) Panchayats at the -intermediate level may not be constituted in a State having a population not exceeding twenty lacks." 3. Article 243-B reads as under : "243-B Constitution of Panchayats (1) There shall be constituted in every State, panchayats at the village, intermediate and district levels in accordance with the provisions of this Part. (2) Notwithstanding anything in clause (1) Panchayats at the -intermediate level may not be constituted in a State having a population not exceeding twenty lacks." 3. Article 243N reads as under : "243N Continuance of existing laws and Panchayats -Notwithstanding anything in this Part, any provision of any law relating to Panchayats in force in a State immediately before the commencement of the Constitution (Seventy-second Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier : Provided that all the Panchayats existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State. 4. For the purpose of this writ petition a perusal of article 243G is also necessary, which reads as under : "243G Powers, authority and responsibilities of Panchayats- Subject to the provisions of the Constitution, the Legislature of a State may, by law, endow the panchayats with such powers and authority as may be necessary to enable them to function as institutions of self Government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to "(a) the preparation of plans for economic development and social justice ; (b) the implementation of schemes of economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule." 5. Eleventh Schedule inserted by Constitution (Seventy Third Amendment) Act, 1992 reads as under : "Eleventh Schedule (Article 243-G) 1. Agriculture, incising agricultural extension. 2. Land improvement, implementation of land reforms, land consolidation and soil conservation. 3. Minor irrigation, water management and watershed development. 4. Animal husbandry, dairying and poultry, 5. Fisheries. 6. Social forestry and farm forestry. 7. Minor Forest produce. 8. Agriculture, incising agricultural extension. 2. Land improvement, implementation of land reforms, land consolidation and soil conservation. 3. Minor irrigation, water management and watershed development. 4. Animal husbandry, dairying and poultry, 5. Fisheries. 6. Social forestry and farm forestry. 7. Minor Forest produce. 8. Small scale industries including food processing industries. 9. Khadi, village and cottage industries. 10. Rural housing. 11. Drinking water. 12. Fuel and fodder. 13. Roads, culverts, bridges, ferries, waterways and other means of communication. 14. Rural electrification, including distribution of electricity. 15. Non-conventional energy sources. 16. Poverty alleviation programme. 17. Education, including primary and secondary schools. 18. Technical training and vocational education. 19. Adult and non- formal education; 20. Libraries. 21. Cultural activities. 22. Markets and fairs. 23. Health and sanitation, including hospitals, primary health centres and dispensaries. 24. Family welfare. 6. Item No. 17 of the above Schedule refers to education, including primary and secondary schools and item No. 18 is with regard to technical training and vocational education. 7. A combined reading of above quoted provisions go to show that Panchayats, after amendment in the Constitution shall be a self Government for the rural areas and the Legislature of the State in accordance with the provisions of Article 243 G of the (constitution of India is duty bound to endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self Government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level subject to such conditions as may be specified therein with respect to the preparation of plans for economic development and social justice and the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule of the Constitution. 8. According to Article 243 N, any provisions of any law relating to Panchayats in force in a State immediately before the commencement of the Constitution which is in consistent with the provisions of Part IX of the Constitution continue to be in force until amended or until the expiration of one year from such commencement, whichever is earlier. 9. 8. According to Article 243 N, any provisions of any law relating to Panchayats in force in a State immediately before the commencement of the Constitution which is in consistent with the provisions of Part IX of the Constitution continue to be in force until amended or until the expiration of one year from such commencement, whichever is earlier. 9. All above quoted provisions have not been effectively implemented/followed by the Legislature of the State of Rajasthan and as per the provisions of Article 243 N after expiration of one year from the date of said amendment i.,e. 25.4.1994 the above amended provisions of the Constitution are applicable in the State of Rajasthan and accordingly all the Panchayats and District level Committee including Zila Parishads are self Government constituted under Article 243 B and in absence of any law made in accordance with Article 243 G of the Constitution, the matters provided in Eleventh Schedule are under the self control of the panchayats and District level committees and after the expiration of the period of one year the State of Rajasthan or the Secretary Rural Development and Panchayat Raj Department, Rajasthan Jaipur has no direct control over them. 10. In this case the petitioner has pleaded that Zila Parishad, respondent No. advertised posts of teacher vide advertisement dated 6.5.1994. The petitioner also applied in pursuance of the said advertisement but without exhausting vacant IL-, of the said advertisement the respondent No. 2 again published a new advertisement showing 1,000 vacant posts without assigning any reason as to why the artier vacancies were not exhausted. On 21.7.1995 `the State of Rajasthan, through the Secretary, Rural Development and Panchayat Raj Department, issued directions to all Zila Parishads to first exhaust the vacancies of the year 1993-94 Ind 1994-95 before advertising fresh vacancies. The directions through letter dated 21.7.95 has been annexed with the writ petition as Annexure-4. 11. The petitioner has prayed for issuing a direction to the Zila Parishad to comply with the instructions issued by the State of Rajasthan. In view of the ahosc quoted provisions of the Amended Constitution Act, 1992. I am of the considered view that the Secretary, Rural Development and Panchayat Raj, Government of Rajasthan has no control over the Zila Parishads . In view of the ahosc quoted provisions of the Amended Constitution Act, 1992. I am of the considered view that the Secretary, Rural Development and Panchayat Raj, Government of Rajasthan has no control over the Zila Parishads . in relations to the matters mention in Eleventh Schedule of the Constitution, which includes education including primary and secondary schools as such the Zila Parishad, respondent No. 2 is not bound to obey the instructions issued by the Secretary Rural Development and Panchayat Raj Department. 12. However, I make it clear that the petitioner is free to approach respondent No. 2 for seeking relief sought by him in this writ petition and the respondent No. 1 is duty bound to inform the petitioner as to why the second advertisement of vacant posts were published before exhausting the vacancies issued by the first advertisement. The application if moved by the petitioner may be considered without delay by the said Zila Parishad, respondent No. 2 and if the petitioner is entitled fora any justice it may be awarded to him. 13. In view of the discussions made hereinabove, the writ petition submitted by the petitioner is dismissed with no order as to costs. 14. Before parting with, I may like to observe that the concerned authorities of the State of Rajasthan will spare some time to comply with the provisions introduced by the Seventy Third Constitution Amendment Act, 1992 and Seventy Fourth Constitution Amendment Act, 1992 in relation to Panchayats, District Level Committees and the Municipalities and will frame necessary law which is required by the said amending provisions.Writ Petition Dismissed. *******