Rajasthan High Court - Jodhpur
Smt. Dhelee Choudhary & Anr vs State Of Raj. & Ors on 28 October, 2013
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
S.B.CIVIL WRIT PETITION NO.3731/2010
Smt. Dhelee Choudhary & Anr. vs. State of Raj. & Ors.
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S.B.CIVIL WRIT PETITION NO.3731/2010
Smt. Dhelee Choudhary & Anr. vs. State of Raj. & Ors.
Date of Order : 28.10.2013
HON'BLE MR JUSTICE VIJAY BISHNOI
Mr Nishant Bora, for petitioners Mr Prithvi Raj Singh, for respondents Both the learned counsels for the parties have submitted that the controversy involved in this writ petition is no more res integra and the same has been decided by this Court at Jaipur Bench in SBCWP No.8531/2011 (Smt. Lali Kumari Meena vs. The State of Rajasthan & Ors.) and other connected writ petitions decided on 12.07.2011, wherein this Court, while disposing of the bunch of the writ petitions, issued the following directions:
"(i) the petitioner who are continued in service either pursuant to the order of this Court or otherwise, would be continued and would not be replaced by another set of contract employees.
(ii) In event of reduction of posts, teachers appointed on contract basis can be terminated but from the school, which is withdrawn from Sarva Shikha Abhiyan and accordingly, services of the teachers in the school are not required or even in a case where number of teachers are to be reduced in the school on account of S.B.CIVIL WRIT PETITION NO.3731/2010 Smt. Dhelee Choudhary & Anr. vs. State of Raj. & Ors.2
reduction of strength of the students.
(iii) The services of the contract teachers can be dispensed with if there is a complaint or they are found to be inefficient for providing quality education. However, action in that regard, would be taken after following the principle of natural justice.
(iv) The contract teachers/employees may not be terminated only on account of litigation with the respondents.
(v) After adjusting the contract employees already working, if any post remains vacant, the respondents would be at liberty to fill-up the same by taking teachers on deputation.
However, care may be taken that teachers may not be taken on deputation in excess as it would be at the cost of government schools which have facing difficulties for want of teachers.
(vi) In case, recruitment of 41000 teachers or sufficient number of teachers is made with the appointment and therein the respondents take a decision to engage teachers on deputation as all the posts to be filled from regularly selected candidates, in that eventuality also, services of the petitioners can be dispensed with but it should not be by replacement of another set of contract employees.
(vii) In case, the Scheme is dispensed with or is not continued by the Government either in the present name or any other name, then also the petitioners would have no right to seek continuance on the post on which they are working."
After going through the material available on S.B.CIVIL WRIT PETITION NO.3731/2010 Smt. Dhelee Choudhary & Anr. vs. State of Raj. & Ors. 3 record, this Court is satisfied that the controversy involved in this writ petition is similar to that of SBCWP No.8531/2011 (Smt. Lali Kumari Meena vs. The State of Rajasthan & Ors.)(supra).
Hence, this writ petition is disposed of in terms of the directions given by this Court in case of Smt. Lali Kumari Meena vs. The State of Rajasthan & Ors.(supra).
[VIJAY BISHNOI],J.
m.asif/-