Posted On by &filed under High Court, Rajasthan High Court - Jodhpur.


Rajasthan High Court – Jodhpur
Arjun Ram & Ors vs State (Education ) & Ors on 14 September, 2011
                               !! 1 !!

     IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      AT JODHPUR

                           :ORDER:

S.B. CIVIL WRIT PETITION NO.4194/2011
(Arjun Ram & Ors. Vs. State of Rajasthan & Ors.)

Date of Order :: 14.09.2011

PRESENT

HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS

Mr. J.R. Choudhary, for the petitioners.

——–

Heard learned counsel for the petitioners.

In this writ petition, the petitioners are seeking

direction to the respondents to allow them to work without

executing the agreement on the post of Vidhyarthi Mitra.

Further, it is prayed that the condition No.1 of the order dated

23.08.2010 (Annexure-2) may be quashed.

After hearing learned counsel for the petitioners, I

am of the opinion that petitioners were provided appointment as

Vidhyarthi Mitra upon executing contract agreement and after

getting appointment the petitioners have preferred this writ

petition with the prayer that respondents may be directed not to

insist the petitioners to execute the fresh contract and allow the

petitioners to work on the post of Vidhyarthi Mitra.

First of all, in my opinion, there is no right created in

favour of the petitioners to remain in service as Vidhyarthi Mitra

after expiry of the term. Further, the so called post known as

Vidhyarthi Mitra is not in existence of any service rules, so also,

no procedure of appointment as Vidhyarthi Mitra is provided in

any of the service rules, therefore, in view of the judgment of
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Hon’ble Supreme Court rendered in case of Secretary, State of

Karnataka Vs. Uma Devi reported in 2006 (4) SCC page 1, no

such direction for continuance in service can be given to allow

the petitioners to work as Vidhyarthi Mitra in any service rules.

In this view of the matter, I see no reason to

interfere in this writ petition. Hence, this writ petition is hereby

dismissed.

(GOPAL KRISHAN VYAS), J.

AKC/-

M/57


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