N.K.JAIN, J. - (1.) BY these writ petitions, the petitioners challenge the validity of Rule 17 of the Rajasthan Panchayat Samities and Zila Parishads Service Rules, 1959 on the ground that it is ultra vires to the Constitution of India and the same be struck down.
(2.) AS all these writ petitions raise a common question of law, so they were heard together and are being disposed of by this common order. For the convenient disposal of all these writ petitions, the fact of D.B.C.W. Petition No. 979/90 are being taken into account. The members of the petitioner -Sanghs (as per schedule) are trained persons having obtained training of B. Ed./B.S.T.C. The respondents invited applications for the post of Gr. III Teachers on temporary basis and in pursuance of which these persons applied for the same. A committee consisting of Pradhan of Panchayat Samiti and Vikas Adhikari took interview and ultimately they were given appointment vide order dt. 18.9.1989 for a period of six months or till a duly selected person is available, whichever is earlier in the pay scale 880 -1650 on temporary basis. Thereafter the respondents issued an advertisement by which 350 posts of Grade III Teachers were advertised in all the Panchayat Samities of District Chittorgarh. The last date of submitting the application was 27.10.1989. In pursuance of which hundreds of candidates applied for the post including the members of petitioner -Sangh. Interview was held from 12th to 27th Dec. 1989 wherein hundreds of candidates including the members of petitioner -Sangh were called. A committee consisting of the Zila Pramukh of Chittorgarh, a nominee of the Collector, Chittorgarh, the Executive Officer -cum Secretary of the Zila Parished and Senior Depty. District Education Officer, Chittorgarh was formed for interview and merit list of 317 candidates was issued on 25.1.90 by the District Establishment Committee, Zila Parishad, Chittorgarh wherein names of 75 persons were mentioned for the Panchayat Samiti Arnod but the names of members of the petitioner. Sangh did not appear in the said merit list. Hence, this writ petition has been filed.
(3.) THIS Court issued notice to show cause on 2.3.90 and also ordered that in the meanwhile the services of the persons mentioned in the Schedule annexed with the writ petition shall not be terminated. All the writ petitions mentioned in Schedule -A appended to this order have come up before us.;