- (1.) We have heared Shri Sarthak Rastogi, learned counsel appearing for the petitioners and Shri Inderjeet Singh, learned AAG appearing for the State-respondents.
(2.) In D.B.Civil Writ Petition No.829/2012 [Arti Mathur vs. State of Rajasthan] and other connected petitions, a Division Bench of this Court heard and decided the matter on 16.04.2013, with following directions: "However, the action of the Government in withdrawing the grant, so far as it relates to the posts in which the teaching and non-teaching staff of the Non-Government aided educational institutions are still continuing, is adjudged to be illegal and ultravires of the Act, 1989. The impugned communications dt. 13.12.2011, 27.12.2011, 28.12.2011, 29.12.2011 and those of the institutions dt.3.1.2012 and 4.1.2012, stand interfered with to this extent. The State respondents are hereby directed to undertake an exercise in association with the management of the concerned non-Government Educational Institutions hitherto receiving the grant under the Act, 1989 to work out the category and extent of grant in aid, as wold be essential to secure the service conditions of such existing teaching and non-teaching staff as contemplated by the enactment and release the same. It is made clear that this direction would be strictly confined to the existing teaching and non-teaching staff of such institutions as on date and the benefit thereof would not be extended to those, who have meanwhile opted for the Government service under the Rules, 2010 and also to the posts so abandoned, and to which, if in the meantime, any induction has been made on the terms and conditions ascribed by the management of the concerned institutions. The petitions are allowed only to the extent indicated hereinabove. All other pleas are answered accordingly."
(3.) These contempt petitions have been filed alleging that the judgment dated 16.04.2013 has not been complied with, inasmuch as, despite the judgment, the State-respondents did not undertake the exercise in association with the management of the concerned non-Government Educational Institutions receiving the grant to work out the category and extent of grant, as would be essential to secure the service conditions of such existing teaching and non-teaching staff as contemplated by the enactment and release the same.;