N.N.MATHUR, J. - (1.) THOUSANDS of teachers by way of instant bunch of Writ petitions, as mentioned in Schedule appended to each petition, have challenged the Constitutional validity of the Rajasthan Panchayati Raj (Amendment) Ordinance, 2004 and Rajasthan Panchayati Raj (Amendment) Rules, 2004 providing for selection of Teachers Gr.III by the Public Service Commission and have prayed for restoring the autonomy to the Panchayati Raj Institutions in the matter of selection and appointment of primary school teachers. Petitioner -teachers have also prayed for restoration of the Notification dated 14.7.2003 providing to fill -up the posts of Teacher Gr.III to the extent of 75% from Para Teachers/Shiksha Sahyogi and 25% from the open market. It is further prayed that their services be regularized as Teacher Gr.III, who have been in continuous service for a considerable time as Para Teacher/Shiksha Sahyogi. BACKGROUND FACTS:
(2.) THE factual matrix in juxtaposition with the relevant rules may be set out in detail because the very narration of chronology of events would illumine the contours of controversy. The Cadre of Teachers Gr.III in the State of Rajasthan is divided in two categories viz; (i) the teachers working under the Panchayat Samitis and (ii) the teachers working in the Education Department, Government of Rajasthan. The service conditions of teachers working in the Panchayat Samitis were initially governed by the provisions contained in the Rajasthan Panchayat Samitis and Zila Parishad Act, 1959 (hereinafter referred -to as 'the Act of 1955') and the rules framed thereunder viz; Rajasthan Panchayat Samiti and Zila Parishads Service Rules, 1959 (hereinafter referred -to as 'the Rules of 1959'). These teachers manned the primary schools situated in rural areas, whereas the teachers Gr.III working in the Education Department manned the primary schools situated in urban areas. As per the provisions contained in Section 86 of the Act of 1959, the selections to the post of Teacher Gr.III were to be made in the Panchayat Samitis. The power of selection vested with the District Establishment Committee by amending Sections 86 and 88 of the Act of 1959 with effect from 1.4.1987. The selections were to be made in accordance with the procedure prescribed by the competent authority on the basis of percentage of marks obtained in academic qualification and allied activities. However, the State Government made appointment of teachers in the rural areas under different schemes since 1984 -85. The appointments were purely on contract basis on a fixed honorarium. The teachers continued to raise demand for their regularization. Thus, in the year 1989, a Notification was issued amending Rule 6 providing for regularization of those teachers, who have been in continuous service on the date of amendment. The Act of 1959 came to be replaced by the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred -to as 'the Act of 1994'). The service conditions are governed by the provisions contained in Section 89 of the Act of 1994. In order to give effect to the provisions of Section 89 of the Act of 1994, rules are framed by the State Government known as Rajasthan Panchayati Raj Rules, 1996 (hereinafter referred -to as 'the Rules of 1996'). Rule 266 provided for essential academic qualification for appointment on the post of primary school teachers. The State Government in exercise of powers conferred by Rule 296 of the Rules of 1996 issued a notification dated 30.9.2000 for regularization of the teachers, who have been appointed on contract basis under the Black Board Scheme, which also included regularization of those teachers, who had passed Senior Secondary in Vocational and the State Government took the stand that they were not equivalent to academic, but provided scheme for undergoing bridge course in respect of those teachers. SCHEMES:
(3.) IT will be apposite to acquaint with the Schemes introduced by the State Government from time to time. A. BLACK BOARD SCHEME:;