Rajasthan High Court - Jaipur
Udai Singh & Ors vs State Of Raj & Ors on 2 May, 2011
Author: Ajay Rastogi
Bench: Ajay Rastogi
In the High Court of Judicature for Rajasthan
Jaipur Bench
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1-Civil Writ Petition No.3847/2004
Lekhraj Singh & Ors Versus State & Ors
2-Civil Writ Petition No.3848/2004
Udai Singh & Ors Versus State & Ors
Date of Order ::: 02/05/2011
Hon'ble Mr. Justice Ajay Rastogi
None, for petitioners
Mr. Ganesh Meena, Govt. Counsel for respondent State As alleged in the writ petition, petitioners were appointed as Para-Teachers in terms of Circular issued by Panchayati Raj Department. Their joint grievance is that since they are discharging duties as para-teacher, should be given preference while being considered for appointment and regularisation on the post of Teacher Gr.III.
It has been brought to the notice of this Court that for such employees working as Para Teachers, the State Government has framed Rajasthan Panchayatiraj Prabodhak Service Rules, 2008 granting certain relaxation in age so as to consider them for their regular appointment on the post of Prabodhak and this opportunity was available for the petitioners to participate in the process of selection initiated by the State Government pursuant to Scheme of Prabodhak Rules, 2008 Once the Scheme has been formulated by the State Government by framing statutory Prabodhak Rules 2008, the petitioners were having opportunity to participate in the process of selection initiated under Prabodhak Rules, 2008.
At the same time, merely because the petitioners have worked as Para Teachers, it will not confer any indefeasible right to be regularized on the post of Teacher Gr.III, which is a post included in the Schedule appended under the Rajasthan Educational Subordinate Service Rules, 1971 and so also under Rajasthan Panchayatiraj Rules, 1996 and only source of recruitment available is to be filed 100% by direct recruitment as provided under Scheme of Rules, 1971 and Rules, 1996 or Prabodhak Rules, 2008.
Consequently, writ petitions fail and are hereby dismissed.
(Ajay Rastogi), J.
K.Khatri/p2/ 3847CW2004(2)May2ParaTchrDs.doc