- (1.) ISSUE notice. Shri S. N. Kumawat, learned additional Advocate General accepts notice on behalf of the respondents. Petitioners, who were appointed as vidhyarti Mitra under the vidhyarti Mitra Scheme on account of possible delay in availability of candidates selected by the Rajasthan Public Service commission through direct recruitment and departmental Promotion Committee by promotion, have filed this writ petition assailing the order of their termination.
(2.) CO-ORDINATE Bench of this Court in Sarita and ors. Vs. State and ors. (SBCWP No. 4652/2009)vide order dated 8/5/2009 decided a batch of 633 writ petitions with the following directions:-Accordingly, the writ petitions are disposed of as under: I. During continuation of the work, as detailed out hereinabove, the invocation of the last extension is arbitrary and illegal; and the consequential automatic termination orders of the petitioners. II. The RPSC/dpc selected candidates / employees are still not available and next academic session is about to start; even urgent temporary appointments under Rule 28 of the Rules of 1971 are not possible due to short span of one month and a half left to start with the process of admission and academic session, therefore, as per the aims and objects of the Scheme, respondents are directed to consider the cases of the petitioners for continuation in service till regularly selected candidates from RPSC/persons selected and recommended by the DPC for promotion are made available in the light of the above observations; III. Even in case of appropriate order of continuation in service till regularly selected candidates from RPSC/dpc selected persons are available, the petitioners are not entitled for wages of the vacations, in other words, when the schools are closed. IV. In case the regularly selected candidates from RPSC/persons selected and recommended by the DPC for promotion are made available, then the respondents can terminate services of the petitioners after preparation of the seniority list on the State level as per their date of appointment and merit assigned to them, by following the principle of `last come first go' to the extent of availability of the selected candidates and while doing so, the respondents will keep the interest of the present students and prospective students in view.
(3.) SUBSEQUENTLY, large number of identical writ petitions including SBCWP No. 6728/09 (Ashok kumar Vs. State of Rajasthan decided on 29/5/2009)came up before this Bench in which the State government was duly represented by their counsel. During hearing of these petitions, learned counsel for the parties were ad idem that controversy involved therein was squarely covered by the above referred to judgment of the co-ordinate Bench of this Court. On that basis, the writ petitions were disposed of with the order that the directions contained in Sarita supra shall mutatis mutandis apply to the case of those petitioners.;