Bhagwati Lal Bunker vs State & Ors on 23 February, 2011

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             S.B.CIVIL WRIT PETITION NO.1519/2011

                        Bhagwati 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 2008-09. 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.
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           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/-