- (1.) The petitioner has filed the present writ petition under Article 226 of the Constitution of India on 28.11.2002 against the respondents with a prayer that by an appropriate writ, order or direction the respondents may be directed to allow the petitioner to resume his duties as Circle Organizer (C.O. Scout).
(2.) It arises in the following circumstances : i) That the petitioner was appointed as Circle Organizer (C.O. Scout) for a period of six months on purely temporary basis by the respondent No. 1 (Secretary, Rajasthan Rajya Bharat Scout and Guide, Jaipur) vide order dated 17.7.1997 (Ex. 1). ii) That in pursuance of order dated 17.7.1997 (Annexure-1), the petitioner joined his duties on 21.7.1997. A copy of the joining report is marked as Ex. 2. iii) That thereafter a dispute arose and the petitioner submitted his resignation to the respondent No. 2 (Mandal Secretary, Rajasthan Rajya Bharat Scout and Guide) Mandal Mukhyalaya, Jodhpur) through application dated 5.9.1997 (Ex.3) stating that his resignation be accepted w.e.f. 10.10.1997. iv) That the application (Ex.3) dated 5.9.1997 was forwarded by the Respondent No. 2 (Mandal Secretary, Rajasthan Rajya Bharat Scout and Guide, Mandal Mukhyalaya, Jodhpur) to the Respondent No. 1 (Secretary, Rajasthan Rajya Bharat Scout and Guide, Jaipur) through communication dated 18.9.1997 (Ex.4). v) That further case of the petitioner is that before his resignation could have been accepted, he withdrew his resignation through application dated 20.9.1997 (Ex.5). vi) Further case of the petitioner is that he applied for medical leave from time to time which is evident from the communication dated 18/21.10.1997 (Ex.6) issued by the Mandal Secretary (respondent No. 2). vi) That further case of the petitioner is that in the meanwhile, he was transferred from Jaisalmer to Pali vide order dated 29.11.1997 (Ex.7) in place of one Shri Sharad Kumar. vii) Further case of the petitioner is that through letter dated 17/20.2.1998 (Ex.8) issued by the respondent No. 2 (Mandal Sachiv), the petitioner was asked to join the duties within 7 days. He was further asked to join the duties through letter dated 28.2.1998 (Ex.9) issued by respondent No. 2 (Mandal Sachiv). viii) That further case of the petitioner is that he submitted an application dated 28.2.1998 (Ex.10) to the respondent No. 2 (Mandal Sachiv) stating that the letters (Ex. 8 and 9) were not received by him timely and they were received after expiry of time limit and it was further stated in the application (Ex.10) that he was joining the duties within three days. ix) Further case of the petitioner is that thereafter the petitioner offered his services after three days, but he was not allowed to join the duties. Hence, this writ petition with the prayer stated above.
(3.) Reply was filed by the respondents and they have taken a preliminary objection that the respondent Rajasthan Rajya Bharat Scout and Guide does not fall within the definition of the term "State" as contemplated by Article 12 of the Constitution of India. It has been contended that the respondent- Rajasthan Rajya Bharat Scout and Guide is a society registered under the Societies Registration Act, 1860 and as such it would not amenable to writ jurisdiction and hence, the writ petition be dismissed.;