CW 12172/10 //1// (Vidhyarthi Mitra) In the High Court of Judicature for Rajasthan Jaipur Bench Civil Writ Petition No.12172/2010 Tara Chand Sain & Ors Versus State & Ors. (alongwith cognate cases as per Schedule appended) Date of Order ::: 01/10/2010 Hon'ble Mr. Justice Ajay Rastogi For Petitioners : Sarva Shri Naveen Dhuwan, Ram Pratap Saini, Kamlesh Pareek, Thakurlal Pandey, Ram B.Sharma, YK Sharma, Vinod Kr. Sharma, Atmaram Meena, Mukesh Poonia KC Surela, Sunil Kr. Jain, Kamal K.Vyas, MK Chaturvedi, Amardeep Atwal, Ravi Shankar Sharma, Subhash Sharma, RS Bhardwaj, Satish Khandelwal, Bharat Yadav, Amit Jindal Manish Sharma, Raj Kr. Kasana, & Dr. Raj Kr. Sharma. In this bunch of petitions, since a common question has been raised, hence being decided by the present order. All the petitioners are working as Vidhyarthi Mitra in various government educational institutions, but after the policy of rationalization and equalization was introduced by the State Government, some were displaced from their places of posting and services of some of them were terminated since there was no post available where they were discharging their duties as Vidhyarthi Mitra. Counsel for the petitioner submits that the controversy involved in the present petitions has been finally decided before the Main Seat at Jodhpur in Civil Writ Petition No.8966/2009 (Prahalad Kumar Sharma Vs. State of Rajasthan & Ors.) decided on 22.7.2010 with the following observations:- “6. In view of aforesaid, these writ CW 12172/10 //2// (Vidhyarthi Mitra) petitions are also disposed of in view of earlier decision of this Court by Single Bench as well as Division Bench and aforesaid quoted decisions of the State Government vide letter dtd.4.6.2010 and 26.6.2010 and the respondents shall continue the contract of employment of present Vidhyarthi Mitras- petitioners who have worked for Academic Session 2009-2010 till the end of Academic Session 2010-2011 and shall also consider the case of present petitioners – Vidhyarthi Mitras for transfer and absorption under the Rationalisation and Equalisation Policy also in other Blocks/Tehsil and Districts as requested by the Director, Elementary Education, Bikaner vide letter dtd.26.6.2010 to the Principal Secretary, School and Sanskrit Education, Jaipur vide Annex.4 dtd.26.6.2010. The decision shall not confer any right on the petitioners – Vidhyarthi Mitras to continue in said position after the end of Academic Session 2010-2011 unless State Government itself takes a decision otherwise in this regard. 7. These directions will apply to the present petitioners and all other similarly situated Vidhyarthi Mitras who have worked for Academic Session 2009-2010, even if they have not approached this Court by way of a writ petition and the respondents will be bound to give similar treatment to all other similarly situated person without requiring CW 12172/10 //3// (Vidhyarthi Mitra) them to approach this Court by way of fresh writ petition. 8. Those Vidhyarthi Mitras who worked for the Academic Session 2008-2009 or prior to that but did not work as such for the Academic Session 2009-2010, are not entitled to the aforesaid relief as such. However, if such Vidhyarthi Mitras make any representation and vacancies are still available with the State Government for Academic Session 2010-2011, their cases may be considered for reemployment. If however, it is not found appropriate to re-employ such Vidhyarthi Mitras,the Principal Secretary may pass one common order for such Vidhyarthi Mitras employed for Academic Session 2008-2009 or prior to that and it will not be necessary for all respective District Education Officers or any other authority to pass separate orders on such representations.” In light of the judgment (supra), the writ petitions alongwith stay petitions, as per Schedule annexed, are accordingly disposed of and the petitioners are also entitled to the same benefits, as referred to in paras 6 to 8 of judgment (supra) - for which they may submit their representation afresh to the competent authority who may examine their grievance in the light of judgment (supra) and pass a speaking order in accordance with law within two months. (Ajay Rastogi),J K.Khatri/p3/ 12172CW2010Oct01Vidhyrthi-Schdl.doc Schedule to Judgment dt.01/10/2010 CW 12172/10 //4// (Vidhyarthi Mitra) in CWP-12172/2010 & Cognate cases *** S.No. CWP/Stay Pet.Nos. / Name of Petitioners/ Versus 1. 12172/2010 (5208/10) Tara Chand Sain & Ors Versus State & Ors 2. 12175/2010 (5211/10) Jal Singh Versus State & Ors 3. 12862/2010 (5791/10) Suraj Bhawan Versus State & Ors 4. 12865/2010 (5794/10) Mukesh Kr. Kandera & Anr Versus State & Ors 5. 12868/2010 (5797/10) Manoj Shandilya & Anr Versus State & Ors 6. 12891/2010 (5812/10) Ramjilal & Anr Versus State & Ors 7. 12925/2010 (Nil) Rahul Sharma & Ors Versus State & Ors 8. 12951/2010 (5853/10) Jalaluddin Versus State & Ors 9. 12952/2010 (5855/10) Pradeep Kr. Chouhan Versus State & Ors 10.12953/2010 5856/10) Surya Prakash Joshi Versus State & Ors 11.12969/2010 (5869/10) Poornima Chaturvedi Versus State & Ors 12.13054/2010 (5933/10) Krishan Kumar Versus State & Ors 13.13073/2010 (5949/10) Jagdish Kirad & Ors Versus State & Ors 14.12166/2010 (Nil) Sanjay Kr Bharadwaj Versus State & Ors 15.12183/2010 (Nil) Laljee Kumhar Versus State & Ors 16.12184/2010 (Nil) Vijay Kumar & Ors Versus State & Ors 17.12192/2010 (Nil) Vivek Gurjar & Ors Versus State & Ors 18.12194/2010 (Nil) Tejpal Pareek Versus State & Ors 19.12890/2010 (Nil) Deevan Singh & Ors Versus State & Ors 20.12916/2010 (Nil) Chander Bhan & Ors Versus State & Ors 21.12948/2010 (Nil) Smt. Manisha Yadav Versus State & Ors 22.12950/2010 (Nil) Babulal Meena & Ors Versus State & Ors 23.12958/2010 (Nil) Jagdish Prasad Sharma & Ors Versus State & Ors 24.13042/2010 (Nil) Deepmala Saini Versus State & Ors 25.13053/2010 (Nil) Devki Nandan Sharma & Anr Versus State & Ors 26.12915/2010 ((Nil) Smt. Rina Kumari Versus State & Ors. 27.12156/2010 (5196/10) Ramavtar Gurjar & Ors Versus State & Ors. (Ajay Rastogi), J. K.Khatri/p4/ 12172CW2010Oct01Vidhyrthi-Schdl.doc