JUDGMENT 1. - Fifteen posts of Physical Training instructor (Female) Grade II to be filled by the direct recruitment were advertised on April 15, 1993 by Joint Director (Female) Education Department, Jaipur Zone (respondent No. 2) under the Rajasthan Educational Subordinate Service Rules 1971 (for short 1971 Rules). The petitioner applied and was placed at No. 7 in the final merit list but she was not given appointment. The petitioner has approached this court seeking directions in the name of respondents to give her appointment on the post of PTI Grade II from the date the persons similarly situated were given appointment with all consequential benefits. 2. The respondents in their reply pleaded that the appointments were given as per the quota fixed for direct recruitment as well as for promotion. The merit list exhausted till merit No. 7 whereas the petitioner stood at No. 7. The posts which were to be filled in by direct recruitment were only four and all the posts were filled in by March 31, 1994. The vacancies had to be filled is in 50% by direct recruitment and 50% by promotion. 3. In the rejoinder the petitioner stated that Smt. Asha Gulati who stood in the merit list at No. 6 did not join and her place was filled in by transferring one Rameshwar Yadav. The transfer was not permitted and it was violative of Rule 20(2) of 1971 Rules as in the Female Institutions only female teachers could be posted. Shri Rameshwar Yadav was already working in the cadre of PTI Grade II and he could not have been transferred to fill in the direct recruitment quota. The petitioner has named Serve Shri Shanker Lal Dangayach and Ramchandra Sharma who were working in the Female Institutions. On April 30, 1994 the respondent No. 2 advertised 15 posts of PTI Grade II to be filled in by direct recruitment that quota show that vacancies of PTI Grade II existed in the Education Department. 4. I have pondered over the rival submissions and carefully scanned the material on record. 5. On April 30, 1994 the respondent No. 2 advertised 15 posts of PTI Grade II to be filled in by direct recruitment that quota show that vacancies of PTI Grade II existed in the Education Department. 4. I have pondered over the rival submissions and carefully scanned the material on record. 5. This court vide interim order dated March 31, 1994 directed that list of selected candidates for the post of PTI Grade II (Female) shall not be treated to have been lapsed on March 31, 1994 and that shall not be a ground for denying relief to the petitioner if the court finds at the time of final decision that the petitioner is entitled to relief. 6. Before adverting to the rival submissions it will be useful to have a look at the relevant statutory provisions. 7. Rule 4(2)(b) of 1971 Rules provides that the Government may leave unfilled or held in abeyance or abolish or allow to lapse any post, permanent or temporary from time to time without thereby entitling any person to any compensation. 8. According to Rule 22 of 1971 Rules the Appointing Authority has to select candidates according to the order of merit but as per proviso appended to the said rule, the inclusion of a candidates name in the list confers no right to appointment. 9. Sub-Rule (2) of Rule of 1971 Rules mandates that for the girls schools only female candidates shall be considered for appointment. 10. A close look at the writ petition demonstrates that the petitioner has impliedly assailed the transfer order of one Rameshwar Yadav in view of sub-rule (2) of Rule of 1971 Rules. Grievance projected by the petitioner is that vacancy arose in the Girls School could not have been filled in by transferring Rameshwar Yadav to Girls School. Admittedly Rameshwar Yadav was not impleaded as party in the writ petition. The respondents categorically stated that 50% of the posts that had to be filled in by direct recruitment were only and the said post had been filled in by March 31, 1994. With the rejoinder, the petitioner annexed document Annexure-3 to show that the respondents had advertised 15 posts Of PTI Grade II on April 30, 1994 and the vacancies did exist. 11. With the rejoinder, the petitioner annexed document Annexure-3 to show that the respondents had advertised 15 posts Of PTI Grade II on April 30, 1994 and the vacancies did exist. 11. From the perusal of material on record I am satisfied that posts of PTI Grade II had been lying vacant with the Government and all the posts were not filled in by the Government. But Rule 4(2)(b) of 1971 Rules gives power to the Government to leave unfilled or held in abeyance or abolish or to allow to lapse any post without thereby entitling any person to any compensation. The petitioner has not assailed the validity of the said Rule and without serving notice for demand of justice to the respondents rushed to this Court. Moreover the inclusion of the name of the petitioner in the merit list does not confer any right to appointment to her on the post of PTI Grade is II in view of proviso appended to Rule 22 of 1971 Rules. The petitioner has also not arrayed Rameshwar Yadav as party to the writ petition therefore in his absence it will be against the principles of natural justice to interpret sub-rule (2) of Rule in respect of his transfer to the Girls School. Under these circumstances it cannot be held that the act of respondents in not giving appointment to the petitioner, despite her merit, on the post of PTI Grade II is arbitrary. 12. In view of what I have discussed hereinabove I do not find any merit in the writ petition. It is accordingly dismissed without any order as to costs.Writ Petition dismissed. *******