JUDGEMENT
Vineet Kothari, J. -
(1.) THE petitioner has preferred this writ petition seeking following relief(s): -
It is, therefore, humbly and respectfully prayed that writ petition of the petitioners may kindly be allowed:
a. by an appropriate writ/order/direction the respondent in effecting termination of the petitioner's service from First May, 2012 may kindly be directed to be treated illegal, it may further be directed that petitioners are entitled to be continued on the post of Vidhyarthi Mitra till the entire posts of teachers are filled up either by RPSC or by DPC as envisaged in Devendra Kumar's case by this Hon'ble Court.
b. That the respondents may kindly be directed to provide age relaxation to Vidhyarthi Mitra to the extent they have served as Vidhyarthi Mitra.
c. That the respondents may kindly be directed to grant the Vidhyarthi Mitra salary for the summer vacation.
d. That, apart form aforesaid the period for which the work which has been taken from Vidhyarthi Mitra they may be given minimum of the regular pay scale of the category of teacher for which they have served.
e. That as envisaged by clause 4 of the notification dated 23.08.2010 the Vidhyarthi Mitra who are serving as Teacher may kindly be exempted from passing the TET examination for being eligible to be considered for appointment on the post of Teacher Grade III.
f. any other further and consequential relief(s) which this Hon'ble Court deems fit in favour of petitioners may kindly be granted.
g. Writ petition filed by the petitioners may kindly be allowed with costs.
Learned Addl. Govt. Counsel submit the controversy involved in the present writ petition is squarely covered by the judgment of coordinate bench of this Court in the similar writ petition, in the case of Tilok Singh & Ors. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 10339/2012) decided on 21.10.2013 by the coordinate bench in the following terms: -
In the result, the writ petition No. 8154/10 is allowed. The writ petitions preferred by the petitioners assailing their termination from service, claiming continuance/re -employment as Vidhyarthi Mitra and against the insistence of the Government for execution of the fresh contract, are dismissed. The Vidhyarthi Mitra Scheme introduced by the State Government for engagement of 'Vidhyarthi Mitra' on contractual basis on fixed honorarium against the posts of Teachers Gr. III, Senior Teachers and School Lecturers is declared illegal and unconstitutional. The respondents are restrained from engaging the Vidhyarthi Mitra under the Vidhyarthi Mitra Scheme against the posts of Teachers Gr. III, Senior Teachers and School Lecturers. The respondents are directed to proceed with the recruitment process to fill in all the vacant posts of Teachers and School Lecturers in various services/cadres forthwith and complete the process as early as possible, in any case, within a period of six months from the date of receipt of certified copy of this order. It is made clear that pending completion of the regular recruitment process, the State shall not be precluded from engaging the eligible persons on the various posts of Teachers on urgent temporary basis in accordance with the relevant recruitment Rules. The State shall also ensure that henceforth the determination of the vacancies of Teachers in various services/cadres is made every year as mandated by the relevant recruitment Rules and all efforts shall be made to fill up the vacancies preferably before the next academic session starts in the schools run by the State. The petitioners who have not been paid honorarium for the period they had worked with the respondents as Vidhyarthi Mitra, shall be paid the amount due within a period of two months from the date of receipt of certified copy of this order. It is made clear that on account of the Vidhyarthi Mitra Scheme being declared illegal and unconstitutional, the petitioners and their likes who had worked with the respondents as Vidhyarthi Mitra, shall not be deprived of the benefits already accrued to them. No order as to costs.
Sd/ -(Sangeet Lodha), J.
(2.) ACCORDINGLY , the present writ petition is disposed of in same terms. No costs. A copy of this order be sent to the concerned parties forthwith.;
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