1 SBCWP NO.2988/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CIVIL WRIT PETITION NO.2988/2009 Ghanshyam Kumar Vyas & Ors. Vs. State of Rajasthan & Ors. Date of Order : : 22.05.2009 PRESENT HON'BLE MR.JUSTICE H.R.PANWAR Mr.P.S.Chundawat, for the petitioners. Mr.R.L.Jangid, AAG for the respondents. BY THE COURT: The matter comes up for orders on an application being IA No.6888/2009 filed by the respondent-State under Article 226(3) of the Constitution of India. Learned counsel for the parties submits that the matter may be finally heard and disposed of at admission stage. Heard learned counsel for the parties. Learned counsel for the petitioners submits that the controversy involved in the instant writ petition is no more res integra in view of the decision of Jaipur Bench of this Court in S.B.Civil writ Petition No.4652/2009, decided on 8th May, 2 SBCWP NO.2988/2009 2009 along with 632 other similar petitions as also the decision of this Court in S.B.Civil Writ Petition No.3452/2009 (Mahesh Khoja & Ors. Vs. Sate of Rajasthan & Ors.), decided on 18th May, 2009 along with 109 other similar petitions. In this view of the matter, the writ petition is disposed of in terms of the order of this Court in S.B.Civil Writ Petition No.3452/2009 (Mahesh Khoja & Ors. Vs. Sate of Rajasthan & Ors.), decided on 18th May, 2009 along with 109 other similar writ petitions in the following terms:- (1) During continuation of the work, as detailed out in Mahesh Khoja & Ors. Vs. State of Rajasthan & Ors. (supra), the invocation of the last extension is arbitrary and illegal; and the consequential automatic termination orders of the petitioners are set aside. (2) 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 3 SBCWP NO.2988/2009 DPC for promotion are made available in the light of the observations made in Mahesh Khoja & Ors. Vs. State of Rajasthan & Ors. (supra); (3) 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. (4) 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. Since the writ petition itself has been disposed of, the application seeking vacation of interim order as also stay petition both have become infructuous and are dismissed, accordingly. (H.R.PANWAR), J. NK