Rajasthan High Court – Jodhpur
Amrit Lal Bunker vs State & Ors on 23 February, 2011
1 S.B.CIVIL WRIT PETITION NO.1518/2011 Amrit Lal Bunker Vs. State of Rajasthan & Ors. Date of Order :: 23.2.2011 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. S.D. Goswami, for the petitioner. ... As per the averments contained in the petition for writ, the petitioner was employed as Vidhyarthi Mitra with the respondents in the year 2006. He worked in the capacity aforesaid upto the educational session of 2007-08. Subsequent thereto, he left the services and acquired qualification of Bachelor of Education (B.Ed). After obtaining B.Ed, the petitioner submitted an application to the respondents to re- employ him as Vidhyarthi Mitra. No response to the application aforesaid is given this, thus, this petition for writ is preferred. While placing reliance upon the judgment of this Court in Prahlad Kumar Sharma Vs. State of Rajasthan (S.B. Civil Writ Petition No.8966/2009, decided on 22.7.2010), it is submitted by learned counsel for the petitioner that the respondents are required to consider the candidature of the petitioner if vacancies are available with them. 2 I do not find any merit in the argument advanced. The directions in the case of Prahlad Kumar Sharma (supra) were given by by this Court relating to the Vidhyarthi Mitras who were terminated by the respondents on expiry of the terms of contract. The facts in the instant case are totally different. The petitioner himself left the services to obtain qualification of Bachelor of Education, as such, he cannot claim for re-employment as a matter of right. In addition to whatever stated above, it is also relevant to note that appointment is a form of public property and that cannot be distributed as a bounty. The public employment is always required to be made by adopting a fair and uniform mode. The petitioner is, therefore, required to face a fair process of selection if he desires to be recruited as Vidhyarthi Mitra. For the reasons above, I do not find any merit in this petition. Dismissed accordingly. (GOVIND MATHUR), J.
Sanjay/-