SBCWP No.585/09- Vijay Prakash Swarnkar v. State of Raj. & others Date of order: 27.01.2009 1 Of 2 S.B. CIVIL WRIT PETITION NO.585/2009 Vijay Prakash Swarnkar v. State of Raj. & others Date of Order: 27th January, 2009 HON'BLE MR JUSTICE GOVIND MATHUR Mr P.P. Chaudhary, for the petitioner By this petition for writ a claim is made by the petitioner in following terms: 1)Respondents may kindly be directed to place before this Hon'ble Court record pertaining to vacant posts of Physical Education Teachers and number of posts against which General teachers are appointed/manned to impart physical education in various schools; 2) Respondents may also be directed not to allow General teachers to impart physical education right from Primary to Upper Primary Schools; 3) Respondents may kindly be directed to fill up all the vacant posts of Physical Education Teachers Grade-III, which are lying vacant (around 13500) as also to fill up the vacant posts of Physical Education Teacher Grade-II, which are around 1000; 4) The respondents may kindly be directed to implement the order Annx.P/4 issued by the Director, Primary & Secondary Education, Rajasthan, in letter & spirit, by providing Physical Education Teacher in every Primary and Upper Primary school; 5)It may be made mandatory that physical education should be imparted by the teachers who are trained in physical education; 6) Respondents may further be directed not to appoint General teachers to impart physical education in Primary & Upper Primary Schools; 7) The cost of this writ petition may kindly be awarded in favour of the petitioner;” SBCWP No.585/09- Vijay Prakash Swarnkar v. State of Raj. & others Date of order: 27.01.2009 2 Of 2 As a matter of fact, whatever contentions raised and claims made in this petition for writ, have already been considered and decided by this Court in Champa Lal Pargi & others v. State of Raj. & another, SBCWP No.2299/2007 decided on 08th May, 2008. In the case of Champa Lal Pargi (supra), this Court directed the State of Rajasthan as under: “For the reasons stated above, this petition for writ deserves acceptance and, therefore, the same is allowed. The respondents are directed to notify the available vacancies and initiate the process of recruitment relating to the post of Physical Training Instructors as per the Rules of 1971. The services of general teachers for imparting physical education be utilized till making recruitment to the post of Physical Training Instructors. It shall also be open for the respondents to make appointment on the post of Physical Training Instructors on urgent temporary basis as per the Rules of 1971 to cater the immediate need of the Physical Training Instructors.” The directions given by this Court in the decision above are in rem and as such, no individual direction is warranted in the present petition for writ. Accordingly, this petition for writ stands disposed off in terms of judgment of this Court in case of Champa Lal Pargi (supra). [GOVIND MATHUR],J. mma