G.S.SINGHVI, J. - (1.) BOTH these writ petitions involve similar questions of law. Even the facts are by and large similar. For this reason, these writ petitions are being disposed of by a common order.
(2.) IN order to decide the controversy between the parlies it is proper to set out some facts. The first writ petition was initially filed before the Supreme Court of India. By an order of the Supreme Court dated June 6, 1989 it was directed that the writ petition be treated to be one filed under Article 226 of the Constitution and be transferred to Rajasthan High Court. Thereafter this Court issued a notice to the respondents calling upon them to show cause as to why the writ petition be not admitted and disposed of. This writ petition has been filed on behalf of 21 temporary lecturers working in the Rajasthan School of Arts and Rajasthan Sangcct Sansthan. These lecturers have formed an association with the name of Lecturers' Forum and through this Forum they have presented the petition. In substance the grievance of these temporary lecturers is that the policy of the Government in making their appointments on temporary basis against the permanent and regular posts available in the colleges violates the provisions contained in Articles 14 and 16 of the Constitution of India. The Rajasthan School of Arts was started by Maharaja Sawai Jai Singh of Jaipur in the year 1866. It was subsequently named as Jaipur School of Arts. Later on it was named as Maharaja School of Arts and Crafts and in the year 1980 present name (Rajasthan School of Arts.) came to be given as the School was brought under the control of the Art and Culture Department of the Government of Rajasthan. The case of the petitioner is that since 1980, 18 to 21 regular posts of lecturers are available in the Rajasthan School of Arts and Sangeet Sansthan. Against these posts only five regular appointments have been made. The remaining posts have been filled by making temporary appointments. These appointments last sometime for a few months while at other times during the whole academic year i.e., from July to May. With the commencement of new session temporary appointments are again made for a few months. With the rejoinder the petitioner has placed copies of orders dated July 25, 1989, October 5, 1989 and November 29, 1989 to show that from time to time temporary appointments have been given to the lecturers. The petitioner has stated that the methodology adopted by the respondents for making temporary appointments for few months or for the whole academic session and then repeating the same in the next session and in the subsequent session, is wholly arbitrary, unreasonable and discriminatory and therefore, the respondents be directed to give regular appointments to the members of the petitioner Forum against posts presently held by them temporarily and to give them benefits of summer vacation etc.
(3.) IN the reply the respondents have stated that the College Education Department is a very big Department. There are 63 Government Colleges with about four thousand lecturers. Their strength is increasing day by day. It has then been stated that generally temporary vacancies, which are likely to continue indefinitely, are determined as per rules. Requisitions are sent to Rajasthan Public Service Commission for making regular selections. On the basis of the requisitions sent by the Department, posts are advertised and selections are made by the Rajasthan Public Service Commission. For short term vacancies Rule 29 of the Rajasthan Education Service (Collegiate Branch) Rules 1986 is resorted to. This rule is resorted to because a number of vacancies occur for reasons which are not predictable. They remain unfilled at the start of the session and it is not possible to fill these vacancies immediately after their occurrence. Hence Rule 29 of 1986 Rules is being taken help of to make urgent temporary appointments. Merit formulae has been devised by the Government for making temporary appointments. This method gives an opportunity to meritorious persons to compete for temporary appointment and the most meritorious persons are selected for such temporary appointments. Regarding Rajasthan School of Arts, it has been stated that there are 13 regular posts. Against them four candidates, selected by the Rajasthan Public Service Commission, are working. Against the remaining posts regular selections have not been made because rules for recruitment are under consideration of the State Government and till the;