Rajasthan High Court - Jodhpur
Rakesh Kumar Jain & Ors. vs . State Of Rajasthan & Ors. on 14 August, 2014
Author: Vineet Kothari
Bench: Vineet Kothari
S.B. Civil Writ Petition No.7024/2011
Rakesh Kumar Jain & Ors. Vs. State of Rajasthan & Ors.
Order dt: 14/08/2014
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
ORDER
S.B. Civil Writ Petition No.7024/2011
Rakesh Kumar Jain & Ors. Vs. State of Rajasthan & Ors.
Date of Order ::: 14th August, 2014
PRESENT
HON'BLE Dr. JUSTICE VINEET KOTHARI
Appearance:
None present for the petitioners.
None present for the respondents.
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BY THE COURT:
1. The lawyers are observing strike which is contrary to various Supreme Court decision.
2. No counsel is appearing on behalf of petitioner though name of Mr. H.R. Rawal, counsel for the petitioner is shown in the cause list. The case is listed in today's cause list at Serial No.30 under category "admission with notice served- reply not filed".
3. Perused the record.
4. The petitioners have preferred this writ petition seeking following relief(s): -
"It is, therefore, most humbly and respectfully S.B. Civil Writ Petition No.7024/2011 Rakesh Kumar Jain & Ors. Vs. State of Rajasthan & Ors.
Order dt: 14/08/2014 2/4 prayed that the writ petition of the petitioners may kindly be allowed and by an appropriate writ, order or direction: -
(1)The impugned order dated 29.06.2011 (Annexure-1), 11.07.2011 (Annexure-2) and 13.07.2011 (Annexure-
3) may kindly be quashed and set aside and consequent to it the respondents may kindly be directed to continue the petitioners as Vidhyarthi Mitras.
(2)Any other appropriate order or direction by which this Hon'ble Court considers just and proper in the facts and circumstances of the present case, may kindly be passed in favour of the petitioners." (3)Costs of the writ petition may kindly be awarded to the petitioners".
4. The controversy involved in the present writ petition is squarely covered by the judgment of coordinate bench of this Court in the similar writ petition, in the case of Tilok Singh & Ors. Vs. State of Rajasthan & Ors. (S. B. Civil Writ Petition No.10339/2012) decided on 21.10.2013, wherein the coordinate bench held as under:-
"In the result, the writ petition No.8154/10 is allowed. The writ petitions preferred by the petitioners assailing their termination from service, claiming continuance/re-employment as Vidhyarthi Mitra and against the insistence of the Government for execution of the fresh contract, are dismissed. The Vidhyarthi Mitra Scheme introduced by the State Government for engagement of 'Vidhyarthi Mitra' on contractual basis on fixed honorarium against the posts of Teachers S.B. Civil Writ Petition No.7024/2011 Rakesh Kumar Jain & Ors. Vs. State of Rajasthan & Ors.
Order dt: 14/08/2014 3/4 Gr.III, Senior Teachers and School Lecturers is declared illegal and unconstitutional. The respondents are restrained from engaging the Vidhyarthi Mitra under the Vidhyarthi Mitra Scheme against the posts of Teachers Gr.III, Senior Teachers and School Lecturers. The respondents are directed to proceed with the recruitment process to fill in all the vacant posts of Teachers and School Lecturers in various services/cadres forthwith and complete the process as early as possible, in any case, within a period of six months from the date of receipt of certified copy of this order. It is made clear that pending completion of the regular recruitment process, the State shall not be precluded from engaging the eligible persons on the various posts of Teachers on urgent temporary basis in accordance with the relevant recruitment Rules. The State shall also ensure that henceforth the determination of the vacancies of Teachers in various services/cadres is made every year as mandated by the relevant recruitment Rules and all efforts shall be made to fill up the vacancies preferably before the next academic session starts in the schools run by the State. The petitioners who have not been paid honorarium for the period they had worked with the respondents as Vidhyarthi Mitra, shall be paid the amount due within a period of two months from the date of receipt of certified copy of this order. It is made clear that on account of the Vidhyarthi Mitra Scheme being declared illegal and unconstitutional, the petitioners and their likes who had worked with the S.B. Civil Writ Petition No.7024/2011 Rakesh Kumar Jain & Ors. Vs. State of Rajasthan & Ors.
Order dt: 14/08/2014 4/4 respondents as Vidhyarthi Mitra, shall not be deprived of the benefits already accrued to them. No order as to costs.
Sd/-
(Sangeet Lodha),J."
5. Accordingly, the present writ petition is disposed of in same terms. No costs. A copy of this order be sent to the concerned parties forthwith.
(Dr. VINEET KOTHARI), J.
DJ/-
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