Bela M. Trivedi, J. - (1.) BOTH the petitions involving similar issues, have been heard together and are being decided by this common order.
(2.) THE petitioners, by way of present petition, have challenged the action of the respondents, which according to the petitioners would indirectly result into affecting the management and governance of the two elite institutions, namely, Institute of Advanced Studies in Education (IASE) at Bikaner and Ajmer. According to the petitioners, the staff and teachers working in the said Institutions are governed by the Rajasthan Education Service Rules, 1970. The petitioners have as such prayed to quash and set aside the order dated 27/10/2014 (Annex. 4) and order dated 31/10/2014 (Annex. 7), by which the respondent Nos. 6 & 7 and others working in the Government aided B.Ed. Colleges, have been posted as Lecturers in these two Institutes at Bikaner and Ajmer. It is the case of the petitioners that the Institutes of Advanced Studies in Education (IASE) at Bikaner and Ajmer were established by the Department of Secondary Education, for imparting the courses of B.Ed., and M.Ed. as per NCTE norms, and also for providing training courses to the teachers of secondary education. According to the petitioners, the petitioners are working on the various posts in those two institutions of advance studies of education at Ajmer and Bikaner since last more than 12 years. It is further case of the petitioners that there are in all number of other posts covering different cadres for teachers, principals and headmasters of the secondary education department. It is further case of the petitioners that the respondent Nos. 6, 7 and others have been posted at these two institutes at Bikaner and Ajmer by the Directorate, College Education Rajasthan vide order dated 27/10/2014. Since the said respondents were governed by the Rajasthan Voluntary Rural Education Service Rules, 2010 (hereinafter referred to as 'the said Rules'), they could not have been posted in the College/Schools in urban areas. According to the petitioners, the department of college/higher education has issued the order dated 31/10/2014 for accommodating the said respondents at the said institutes where the petitioners are working, only with a view to take control over the said institutes.
(3.) THE petitions have been resisted by the respondent Nos. 3 to 5 and 6 and 7 by filing separate replies. It is contended by the respondent Nos. 3 to 5 inter alia that the State Government in the year 2012 -13 had taken the policy decision, by which the B.Ed. Colleges/Courses were taken under the Higher Education Department (Group -4). It is further submitted that in five new government B.Ed. Colleges opened by the Government, the lecturers who were appointed under the said Rules were absorbed, however even after the lapse of two years, the NCTE did not give the consent to run the government B.Ed. Colleges, and therefore on account of the administrative reasons, the said lecturers including the respondent Nos. 6 and 7 were posted in the government B.Ed. Colleges at Ajmer, Bikaner and other places. It is also contended that after the amendment in the said Rules vide notification dated 13/12/2011, the lecturers working in the rural areas could be posted in urban areas also. The respondent Nos. 6 and 7 have also supported the contentions raised by the respondent Nos. 3 to 5, and further contended inter alia that the petitioners have no right to challenge the policy decision of the Government and have also no locus standi to challenge the transfer/posting of the said respondents.;