PARIHAR, J. - (1.) SINCE on similar set of facts almost same relief has been claimed by all the petitioners, on joint request of the parties, the above writ petitions were heard together and are being decided by this common order.
(2.) GOVERNMENT of India introduced a scheme in the year 1974-75 for imparting nonformal education to the children in the age group of 9/11 years who were either school drop-out or did not go to school. The scheme provided for the opening of Nonformal Education Centres (Part-time) by the State GOVERNMENT with the help of Central GOVERNMENT grant. Under the same scheme, the State GOVERNMENT also started a project under the Directorate of Literacy Nonformal Education Department and established Nonformal Education Centres in different districts. Petitioners, in the above writ petitions, also came to be appointed as Instructors/ Supervisors on honorarium basis under the above nonformal Education Centres during the period from 1985 till 1991. Subsequently, in February, 1998, after reconsideration of the whole nonformal education programme, the State Government thought it proper to make certain changes in the existing scheme to make it more viable with the active cooperation of the society and the local people. The element of accountability was also introduced in the changed scheme. Certain new guidelines were fixed and existing system of Supervisors was to be scrapped. The order dated 30. 4. 1998 was also issued by the Director, Literacy & Nonformal Education. In view of abolition of the existing system, services of the petitioners were sought to be terminated and, in some cases, orders were also issued in this regard. Challenging the order dated 30. 4. 1998 and also the termination sought to be make in pursuance to above order in the present writ petitions, the petitioners have prayed not only for their reinstatement but also regularisation and regular pay scale of the post of Supervisor/instructor. Petitioners have also prayed that respondents be directed to continue the existing system of Supervisor/instructor in the nonformal education programme. Mr. K. K. Sharma, learned counsel for the petitioners, while heavily relying on the judgment of this court in case of Hand-pump Mistries Radhe Shyam Dhobi vs. State of Rajasthan & Ors. and another (1) and another connected writ petitions, decided on 26. 8. 1991, which had further been approved upto to the Apex Court) has submitted that in view of fundamental right of education and employment as enshrined under Article 14 of the Constitution of India and a further duty been cast on the State to impart free education under Article 45 of the Constitution, the scheme of nonformal education was floated keeping in view the mandate of the Constitution. The contention of Mr. Sharma is that the scheme is continuing for last so many years with continuous increase in proportion from time to time, the State Government cannot change or scrap the existing system at its own whims in an arbitrary manner.
(3.) MR. K. K. Sharma has further submitted that in the present case, there is definitely a relationship of master and servant and right of employment cannot be curtailed by the State Government in such an arbitrary manner without any basis or reasonable grounds. MR. K. K. Sharma though very fairly conceded that no orders for regularisation of services of the petitioners can be made by this court, however, the court can always direct the respondent State to frame a proper scheme to adjust all the existing Instructors/supervisors working in the nonformal education programme by framing proper rules for them providing also a pay scale or even minimum pay looking to their work and duties. Mr. M. B. Sharma, learned counsel for some of the petitioners, has submitted that it is the question of life and bread of the petitioners which cannot be taken away in such an arbitrary manner and the court must come to the rescue of the petitioners in the present matter. He has also submitted that discontinuation of the existing system has already been put in abeyance by the State Government, as such, direction be issued to them for continuing the services of the petitioners till existing system is continued. ;