Rajasthan High Court - Jaipur
Smt Kalpana Sharma And Ors vs State Of Raj & Ors on 16 March, 2011
Author: Ajay Rastogi
Bench: Ajay Rastogi
In the High Court of Judicature for Rajasthan
Jaipur Bench
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Civil Writ Petition No.3521/2011
Kalpana Sharma & Ors Versus State & Ors
Date of Order ::: 16/03/2011
Hon'ble Mr. Justice Ajay Rastogi
Mr. Abhishek Sharma, for petitioners
Mr. SK Gupta, for respondents-2 & 3.
Shri SK Gupta, appearing on behalf of respondents-Department of Education wants time to file counter.
As regards interim relief, Counsel for petitioners jointly submit that petitioners are presently working either Teacher cum Warden or Teacher in Kasturba Gandhi Balika Vidhyalaya (KGBV) having been appointed through process of selection which the respondents contemplated, on contract basis. But it appears that respondents have now taken a decision as is reflected from advertisement dt.04/03/2011 to fill up the available vacancies in KGBV by holding walk-in interviews of those working in Panchayatiraj & Education Department as Teachers Gr.II/Gr.III who are members either of Rajasthan Education Subordinate Service Rules 1971 or of Rajasthan Panchayatiraj Rules, 1996. It has also been contended that this decision has been taken only to eliminate petitioners and hold them ineligible to participate in the process of selection thereby defeating their right of consideration, by taking decision to fill in the vacancies on deputation. Counsel has also brought to the notice of this Court that as per the guidelines published by respondents (Rajasthan Elementary Education Parishad) for academic Session 2009-10, procedure has been provided regarding the posts to be filled in in KGBV on deputation and through placement agency and further provided the term of appointment alongwith remuneration besides qualification to be possessed by incumbent while being considered for appointment.
Counsel for respondents on the other hand submits that after judgment of co-ordinate Bench of this Court in Mooli Devi Choudhary Vs. State (2010(4) WLC (Raj.) 334), the decision holding that to replace the incumbents appointed on contract basis by another set of employee being deprecated the decision has been taken to fill the vacancies under KGBV on deputation; and pursuant to policy decision taken in compliance of judgment of the Court, present advertisement impugned dt.04/03/2011 has been issued. Counsel for respondents further submits that there are number of incumbents who are not even enrolled on the date of advertisement dt.04/03/2011 and have filed writ petition assailing the advertisement impugned herein.
Taking note of submissions made by the parties, but without expressing any opinion on merits, this Court considers it appropriate to allow those petitioners who are working as on 04/03/2011, to continue in service on the respective post held in KGBV till further orders. However, it would be open for respondents to continue with process of selection initiated pursuant to advertisement dt.04/03/2011 but shall not make any appointment of candidates who are found suitable, without taking prior permission of the Court. List after service alongwith cognate cases.
(Ajay Rastogi), J.
K.Khatri/p3/ 3521CW2011Mar16IsStayKGBV.do