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3. Since the Scheme framed by the Government for engagement of Vidhyarthi Mitra on fixed honorarium till the availability of regularly selected Teachers itself is questioned before this court, therefore, all these matters were heard together and are being disposed of by this common order.

4. The relevant facts are that keeping in view the possible delay in duly selected candidates being made available by Rajasthan Public Service Commission (RPSC) for filling in large number of vacancies of the posts of School Lecturers and Senior Teachers, the State Government vide order dated 7.9.06 floated the Scheme for engaging Vidhyarthi Mitra on contract basis for a fixed term and on fixed honorarium, till the availability of duly selected Teachers. As per the Scheme, the persons to be engaged as Vidhyarthi Mitra against 1407 posts of School Lecturers were to be paid fixed honorarium Rs.4,000/- whereas, the persons to be engaged against the vacant posts of Senior Teachers were to be paid fixed honorarium Rs.3,000/- per month. Later, the Scheme framed as aforesaid was extended for engaging Vidhyarthi Mitra against the vacant posts of Teacher Gr.III as well. It was specified that the persons possessing the requisite educational qualification and training shall be given TILOK SINGH & ORS. VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.10339/12 ) & 89 connected matters. preference, however, in case of non availability the persons holding the requisite educational qualification may also be engaged as Vidhyarthi Mitra till 28.2.07. Vide yet another order dated 30.11.06, it was directed that in case of non availability of qualified candidates for teaching the students of classes of Secondary and Senior Secondary, the degree holder can be engaged as Vidhyarthi Mitra against the posts of Lecturers/Senior Teachers and the persons holding the qualification of Senior Secondary against the posts of Teachers Gr.III. The Scheme was framed by the State Government by issuing just an executive fiat and does not have any statutory force.

14. Ms. Pintu Pareek, learned counsel appearing for the TILOK SINGH & ORS. VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.10339/12 ) & 89 connected matters. petitioners-Ghanshyam Singh & Ors. submitted that the regular posts of the Teachers in various services/cadres are required to be filled in by way of regular selection in accordance with the procedure laid down under the relevant recruitment Rules and the State Government cannot be permitted to appoint unqualified persons on contractual basis against the sanctioned posts in the cadre dehors the relevant recruitment Rules. Learned counsel would submit that the eligibility qualification for recruitment to the posts of Senior Teachers is governed by the provisions of Rajasthan Educational Subordinate Services Rules, 1971 ('Rules of 1971') and the recruitment to the posts of School Lecturers is governed by the provisions of Rajasthan Educational Service Rules, 1970 ('Rules of 1970') and the recruitment on the post of Teacher Gr.III is governed by Rajasthan Panchayati Raj Rules, 1996 ('Rules of 1996') and therefore, the State Government has no authority to engage Vidhyarthi Mitra on contractual basis against the regular posts in the different cadres dehors the relevant recruitment Rules by framing a Scheme which is ex faice illegal and unconstitutional. Learned counsel would submit that even in case where it is not possible to fill up the regular vacancies in the cadre by way of regular selection process immediately, there are provisions incorporated for urgent temporary appointment and therefore, instead of resorting to the recruitment process provided under TILOK SINGH & ORS. VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.10339/12 ) & 89 connected matters. the Rules, the action of the respondents in engaging Vidhyarthi Mitra on contractual basis on payment of meagre sum as honorarium is ex facie illegal, arbitrary and without jurisdiction. Learned counsel submitted that the eligibility qualification of the Teachers are now governed by norms laid down by the National Council for Teacher Educations (NCTE) established under the provisions of National Council for Teachers Education Act, 1993 ("Act of 1993"), under the NCTE (Determination of Minimum Qualification for Recruitment of Teachers in Schools) Regulations, 2001 ( for short "the Regulations") and therefore, no person who is not holding the requisite qualification for recruitment to the posts of School Lecturer, Senior Teacher or Teacher Gr.III could be engaged by the State Government for discharging the duties of the said posts, by framing the Scheme and creating the posts with fictitious designation. Learned counsel submit that the action of the respondents in engaging unqualified persons for discharging the duties of the posts of Teachers is causing great harm and injustice to the children of tender age studying in the schools run by the State Government and as a matter of fact, it is fraud on the Constitution inasmuch as Article 21A inserted vide Constitution (Eighty Sixth Amendment) Act, 2002 casts duty upon the State to provide free and compulsory education to all children of age 6 to 14 years in such manner as States by law provides. In support of TILOK SINGH & ORS. VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.10339/12 ) & 89 connected matters. contention, learned counsel relied upon decisions of the Hon'ble Supreme Court in the matters of 'Andhra Kesri Education Society Vs. Director of School Education' reported in AIR 1989 SC 1983 and of 'L. Muthu Kumar & Another Vs. State of Tamil Nadhu and Another' reported in 2000(7) SCC 618. Learned counsel submitted that while engaging Vidhyarthi Mitra the competitive claims are not considered and the authorities concerned are making appointments by adopting 'pick and choose' method. Learned counsel submitted that for enforcement of fundamental right conferred upon the citizen by Article 21A of the Constitution, the Parliament has already enacted "The Right of Children to Free and Compulsory Education Act, 2009" ( "Act of 2009") and therefore, the State Government is under an obligation to provide adequate number of qualified teachers for teaching the children in various schools run by the State and it cannot be permitted to defer the regular recruitment of Teachers against the vacant posts in accordance with the procedure laid down under the relevant recruitment Rules indefinitely, on any ground whatsoever. Learned counsel submitted that qualified teachers in sufficient numbers are available, however, the State Government for the reasons best known to it, is delaying the regular recruitment process and thus the children of tender age are made to suffer the teaching by unqualified persons.

41. Since the Scheme providing for the engagement of TILOK SINGH & ORS. VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.10339/12 ) & 89 connected matters. Vidhyarthi Mitra against the vacant posts of Teachers is found to be unconstitutional, no directions can be issued by this court to permit the continuance in employment of the petitioners and their likes under the said Scheme, which will obviously amount to perpetuating an illegality. Of course, the petitioners who have discharged the duties as Vidhyarthi Mitra but have not been paid the honorarium for the period they have worked are entitled to relief to this extent inasmuch as the State Government cannot be permitted to deny the payment due to them as honorarium for the period they have discharged the duties against the posts of Teachers as Vidhyarthi Mitra in various schools run by the State.

42. 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 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 TILOK SINGH & ORS. VS. STATE OF RAJASTHAN & ORS. (S.B.CIVIL WRIT PETITION NO.10339/12 ) & 89 connected matters. 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 respondents as Vidhyarthi Mitra, shall not be deprived of the benefits already accrued to them. No order as to costs.