Sukhram vs State Of Raj. & Anr on 23 July, 2010

            S.B. CIVIL WRIT PETITION NO.5615/2010
            Sukha Ram v. State of Rajasthan & others


Date of Order: 23rd July 2010


          HON'BLE DR. JUSTICE VINEET KOTHARI


Mr Subodh Jangid for Mr L.D. Khatri, for the petitioner



     Learned counsel for the petitioner submitted that the

controversy involved in the present writ petition relates to

continuance of the petitioner as Vidhyarthi Mitra.

     Identical matters have been decided by this Court vide

judgment dated 22nd July 2010 delivered in Writ Petition

No.8966/2009-       Prahalad     Kumar     Sharma     v.   State   of

Rajasthan & others, along with a bunch of similar

petitions, in following terms:

      "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 dtd.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 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 and 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
       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 person 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 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 order as to costs.
                                           (Dr.VINEET KOTHARI)J."


      Accordingly, present writ petition is disposed of in terms of

aforesaid judgment dated 22nd July 2010 delivered in Writ

Petition No.8966/2009.



                                           [DR. VINEET KOTHARI],J.

Item No.34
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