S.B.CWP NO. 7098/2010-Gurbux Singh & Ors. VS. State & Raj. & Ors.
Order dt:06/08/2010
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IN THE HIGH COURT OF JUDICAUTRE FOR RAJASTHAN AT
JODHPUR
ORDER
S.B.CIVIL WRIT PETITION NO.7098/2010
Gurbux Singh & Ors. Vs. State of Raj. & Ors.
DATE OF ORDER : 06th August, 2010
PRESENT
HON’BLE DR.JUSTICE VINEET KOTHARI
Mr. R.S.Saluja,for the petitioners.
Mr. Rajesh Bhati on behalf of
Mr.R.L.Jangid, Addl. Advocate General.
1. Learned counsels agree that these cases are covered by the
decision rendered by this Court in Prahalad Kumar Sharma vs.
State of Rajasthan & Ors. (SBCWP No.8966/2009 & connected
matters) decided on 22/7/2010.Relevant paras 6 to 9 of the aforesaid
judgment are reproduced hereunder for ready reference:
“6. In view of aforesaid, these writ petitions
are also disposed of in view of earlier decision of this
Court by Single Bench as well as Division Bench and
aforesaid quoted decisions of the State Government
vide letter dated 4.6.2010 and 26.6.2010 and the
respondents shall continue the contract of employment
of present Vidhyarthi Mitras – petitioners who have
worked for Academic Session 2009-2010 till the end of
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Academic Session 2010-2011 and shall also consider
the case of present petitioners – Vidhyarthi Mitras for
transfer and absorption under the Rationalisation and
Equalisation Policy also in other Blocks/Tehsil and
Districts as requested by the Director, Elementary
Education, Bikaner vide letter dtd.26.6.2010 to the
Principal Secretary, School & Sanskrit Education,
Jaipur vide Annex.4 dtd. 26.6.2010. The decision shall
not confer any right on the petitioners – Vidhyarthi
Mitras to continue in said position after the end of
Academic Session 2010-2011 unless the State
Government itself takes a decision otherwise in this
regard.
7. These directions will apply to the present
petitioners and all other similarly situated Vidhyarthi
Mitras who have worked for Academic Session 2009-
2010, even if they have not approached this Court by
way of a writ petition and the respondents will be
bound to give similar treatment to all other similarly
situated persons without requiring them to approach
this Court by way of fresh writ petition.
8. Those Vidhyarthi Mitras who worked for
the Academic Session 2008-2009 or prior to that but
did not work as such for the Academic Session 2009-
2010, are not entitled to the aforesaid relief as such.
However, if such Vidhyarthi Mitras make any
representation and vacancies are still available with the
State Government for Academic Session 2010-2011,
their cases may be considered for re-employment. If
however, it is not found appropriate to re-employ such
Vidhyarthi Mitras, the Principal Secretary may pass
S.B.CWP NO. 7098/2010-Gurbux Singh & Ors. VS. State & Raj. & Ors.
Order dt:06/08/2010
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one common order for such Vidhyarthi Mitras
employed for Academic Session 2008-2009 or prior to
that and it will not be necessary for all respective
District Education Officers or any other authority to
pass separate orders on such representations.
9. The aforesaid writ petitions are
accordingly disposed of. No orders as to costs.”
2. Learned counsels for the petitioners further pointed out that
petitioners, who had worked for academic session 2009-2010 as
Vidhyarthi Mitras against the vacant positions of Gr.III teachers only
& were teaching general subjects other Sanskrit but since the
regularly selected/DPC selected candidates as Sanskrit Teachers are
now made available, the petitioners’ services were threatened to be
terminated and their contracts of services were not extended after
30/6/2010.
3. Learned counsel for the petitioners submitted that while
directing in para no. 6 aforesaid that “the State Govt. shall continue
the contract of employment of present Vidhyarthi Mitras – petitioners
who have worked for Academic Session 2009-2010 till the end of
Academic Session 2010-2011 and shall also consider the case of
present petitioners – Vidhyarthi Mitras for transfer and absorption
under the Rationalisation and Equalisation Policy also in other
Blocks/Tehsil and Districts as requested by the Director, Elementary
S.B.CWP NO. 7098/2010-Gurbux Singh & Ors. VS. State & Raj. & Ors.
Order dt:06/08/2010
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Education, Bikaner vide letter dtd.26.6.2010″, the impugned
termination orders of present petitioners passed on account of such
regularly selected/DPC selected candidates being appointed as
Sanskrit Teachers may also be quashed and the petitioners may also
be allowed to continue for the next Academic Session 2010-2011 in
the same terms as other similarly situated Vidhyarthi Mitras have
been so allowed vide aforesaid judgment dated 22/7/2010.
4. Learned Addl. Advocate General Shri R.L.Jangid fairly does
not dispute this position and submits that the present petitioners will
also be given same treatment as given to the petitioners covered by
the judgment dated 22/7/2010 in Prahalad Kumar Sharma vs. State of
Rajasthan & Ors.
5. Accordingly, this writ petition is disposed of in aforesaid terms.
The impugned termination orders of present petitioners are also
quashed and they will be entitled to same benefit as the petitioners
before this Court in Judgment dt: 22/7/2010 passed in SBCWP
No.8966/2009 (Prahalad Kumar Sharma vs. State of Rajasthan &
Ors.). No order as to costs.
(DR.VINEET KOTHARI),J.
DJ/-
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