!! 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
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
!! 2 !!
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
(GOPAL KRISHAN VYAS), J.