1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ::: JUDGMENT 1 SBCWP NO.8297/2009 POOJA MIDHA & ANR Vs. STATE & ORS 2 SBCWP NO.9205/2009 BHERULAL MEGHWAL Vs. STATE & ORS 3 SBCWP NO.11374/2009 DINESH MALI Vs. STATE & ORS 4 SBCWP NO.9268/2009 KISHAN LAL CHOUDHARY & ORS Vs. STATE & ORS 5 SBCWP NO.9275/2009 BABU RAM CHOUDHARY & ORS Vs. STATE & ORS 6 SBCWP NO.9276/2009 SOHAN LAL KHER & ORS. Vs. STATE & ORS 7 SBCWP NO.9623/2009 BALWANT SINGH & ORS Vs. STATE & ORS 8 SBCWP NO.10457/2009 CHENA RAM & ORS Vs. STATE & ORS 9 SBCWP NO.11124/2009 SUKHDEV RAM Vs. STATE & ORS 10 SBCWP NO.11903/2009 SUKHVINDER SINGH Vs. STATE & ORS 11 SBCWP NO.98/2010 KEHRA RAM & ORS. Vs. STATE & ORS 12 SBCWP NO.106/2010 GODARAM CHOUDHARY & ORS Vs. STATE & ORS 13 SBCWP NO.264/2010 KISHAN LAL SHARMA & ORS. Vs. STATE & ORS 14 SBCWP NO.346/2010 GANESH SUGANDI & ORS Vs. STATE & ORS 15 SBCWP NO.426/2010 SUJAN SINGH & ORS Vs. STATE & ORS 16 SBCWP NO.464/2010 DARSHAIN THAKUR & ORS. Vs. STATE & ORS 17 SBCWP NO.570/2010 MANOJ KUMAR & ORS Vs. STATE & ORS 18 SBCWP NO.840/2010 MOHD. RAIS Vs. STATE & ORS 19 SBCWP NO.861/2010 KAILASH CHANDRA & ORS Vs. STATE & ORS 20 SBCWP NO.896/2010 SMT. VEENA JOSHI & ORS Vs. STATE & ORS 21 SBCWP NO.1572/2010 MADAN LAL & ORS. Vs. STATE & ORS 22 SBCWP NO.1749/2010 SURESH CHANDRA BARETH Vs. STATE & ORS 23 SBCWP NO.2910/2010 MANGILAL & ORS. Vs. STATE & ORS 24 SBCWP NO.3049/2010 RAJENEDR KUMAR BHADAV & ORS Vs. STATE & ORS 25 SBCWP NO.3103/2010 LOKENDRA SINGH Vs. STATE & ORS 26 SBCWP NO.3118/2010 KUMARI CHETNA JAIN & ORS. Vs. STATE & ORS 27 SBCWP NO.3122/2010 SHER SINGH KALAWAT &ANR. Vs. STATE & ORS 28 SBCWP NO.3131/2010 MAHESH KUMAR & ANR. Vs. STATE & ORS 29 SBCWP NO.3143/2010 GUNESHA RAM & ORS. Vs. STATE & ORS 30 SBCWP NO.3161/2010 MANGI LAL MEGHWAL Vs. STATE & ORS 31 SBCWP NO.3202/2010 RAKESH KUMAR PANDIA & ANR. Vs. STATE & ORS 32 SBCWP NO.3227/2010 ANITA TAILER Vs. STATE & ORS 33 SBCWP NO.3278/2010 CHARAN JEET KOUR & ORS. Vs. STATE & ORS 34 SBCWP NO.3411/2010 RAHUL GEHLOT Vs. STATE & ORS 35 SBCWP NO.3425/2010 ASHOK & ORS Vs. STATE & ORS 36 SBCWP NO.3455/2010 MONIKA GAUR ( SHARMA ) & ORS Vs. STATE & ORS 37 SBCWP NO.3462/2010 BHAGA RAM Vs. STATE & ORS 38 SBCWP NO.3464/2010 PREM RAJ Vs. STATE & ORS 39 SBCWP NO.3497/2010 CHANDRA KANTA SHARMA & ANR. Vs. STATE & ORS 40 SBCWP NO.3511/2010 NAND KISHORE JAT & ORS Vs. STATE & ORS 41 SBCWP NO.3513/2010 CHAGAN LAL & ORS Vs. STATE & ORS 42 SBCWP NO.3574/2010 AKSHAYAPAL CHOUDHARY Vs. STATE & ORS 43 SBCWP NO.3583/2010 RENU CHOUHAN & ORS Vs. STATE & ORS 44 SBCWP NO.3599/2010 NEPAL SINGH & ORS. Vs. STATE & ORS 45 SBCWP NO.3617/2010 SMT. ALKESH RATHORE & ORS Vs. STATE & ORS 46 SBCWP NO.3630/2010 HARSHA BAROT & ANR Vs. STATE & ORS 47 SBCWP NO.3631/2010 NILAM & ANR Vs. STATE & ORS 48 SBCWP NO.3664/2010 PREM PRAKASH Vs. STATE & ORS 49 SBCWP NO.3665/2010 PAWAN KUMAR DWIVEDI Vs. STATE & ORS 50 SBCWP NO.3666/2010 NARAYAN RAM & ORS. Vs. STATE & ORS 51 SBCWP NO.3667/2010 JYOTI JOSHI Vs. STATE & ORS 52 SBCWP NO.3105/2010 BALWANT SINGH CHARAN VS. STATE & ORS 53 SBCWP NO.3547/2010 MUKESH JUGTAWAT VS. STATE & ORS 2 Date of order : 12.4.2010 HON'BLE MR. PRAKASH TATIA, J. S/Sh. NR Budania, PR Mehta, Arjun Purohit, KC Choudhary, JVS Deora, SS Rathore, Kan Singh, BR Godara, KS Gill, AD Charan, Gopal Acharaya, PS Deora, P.Nayak, MP Pareek, Shambhoo Singh, SL Sukhwal, AS Rathore, SDS Charan, PS Bhati, BN Kalla, BS Sandhu, HP Rakawat, BL Choudhary, Ajay Vyas CS Kotwani, Rakesh Arora, BR Bishnoi, JS Choudhary, Narendra Gehlot, Ramesh Purohit, DK Joshi, T. Gupta, SR Bamniya and, KS Oad for the petitioner(s). Mr. RL Jangid, Addl. Advocate General with Mr. Rajesh Bhati, Asstt to AAG. for the respondent State. <><><> The learned counsel for the parties submit that part of Condition No.4 has been stayed by the Division Bench of the Rajasthan High Court Bench, Jaipur, however, that will not affect the fate of these writ petitions and both the counsel submit that similar directions, subject to the effect of the interim order as passed by the Division Bench of the Jaipur Bench of the High Court, may be passed in these matters also. In view of the above reasons, all these writ petitions are disposed of in the light of the directions issued in the S.B.Civil Writ Petition No. 2579/09 Devendra Kumar & ors. v. State and connected matters decided vide judgment dated 15.5.2009 and in the light of the decision given in S.B.Civil Writ Petition No.4652/09 and connected matters decided on 8.5.2009 with further clarification that the petitioners may satisfy the competent authority, who may be District Education Officer or the Block Elementary 3 Education Officer about the genuineness of the documents as well as continuity of their working in the year 2008- 2009. The directions given in the above writ petitions are incorporated in these writ petitions which are 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 are set aside. II. The RPSC/DPC selected candidates/employees are still not available and next academic sessions 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.” 4 It is further made clear that the portion which has been stayed by the Division Bench of this Court shall remain stayed in the light of the order of the Division Bench and that is about the preparation of the seniority list at State level . The learned counsel appearing for the petitioners are also directed to submit the court fee of Rs.25/- for each of the petitioners in case it is a joint writ petition and certified copy of this order may be issued to the petitioners only subject to payment of this Court fee. [PRAKASH TATIA], J. mlt/cpgoyal/s phophaliya 5 S.B. CIVIL WRIT PETITION NO._______/ Date of order : 12.4.2010 HON'BLE MR. PRAKASH TATIA, J. S/Sh. NR Budania, PR Mehta, Arjun Purohit, KC Choudhary, JVS Deora, SS Rathore, Kan Singh, BR Godara, KS Gill, AD Charan, Gopal Acharaya, PS Deora, P.Nayak, MP Pareek, Shambhoo Singh, SL Sukhwal, AS Rathore, SDS Charan, PS Bhati, BN Kalla, BS Sandhu, HP Rakawat, BL Choudhary, Ajay Vyas CS Kotwani, Rakesh Arora, BR Bishnoi, JS Choudhary, Narendra Gehlot, Ramesh Purohit, DK Joshi, T. Gupta, SR Bamniya and, KS Oad for the petitioner(s). Mr. RL Jangid, Addl. Advocate General with Mr.Rajesh Bhati , Asstt to AAG, for the respondent State. <><><> This writ petition is disposed of. [see separate judgment in S.B. CIVIL WRIT PETITION NO.8297/2009- Pooja Midha & Anr. Vs. State & Ors.] decided today itself. By order Court master.