1 1. S.B. CIVIL WRIT PETITION NO.11016/2009 KRISHNA PAREEK & ORS VS. STATE & ORS. 2. S.B. CIVIL WRIT PETITION NO.11659/2009 HARKHA RAM & ORS VS. STATE & ORS. 3. S.B. CIVIL WRIT PETITION NO.4116/2009 SMT RITU VS. STATE & ORS. 4. S.B. CIVIL WRIT PETITION NO.9830/2009 JALA RAM CHOUDHARY & ORS. VS. STATE & ORS. 5. S.B. CIVIL WRIT PETITION NO.11646/2009 MANJU KAUSIK & ORS VS. STATE & ORS. 6. S.B. CIVIL WRIT PETITION NO.11651/2009 DINESH KUMAR & ANR VS. STATE & ORS. 7. S.B. CIVIL WRIT PETITION NO.11664/2009 RAMESH KUMAR & ANR. VS. STATE & ORS. 8. S.B. CIVIL WRIT PETITION NO.11734/2009 DEEPAK KUMAR SAXENA & ORS . VS. STATE & ORS. 9. S.B. CIVIL WRIT PETITION NO.11667/2009 PRABHU DAYAL & ORS VS. STATE & ORS. 10. S.B. CIVIL WRIT PETITION NO.11679/2009 RAMCHANDRA GODARA & ORS. VS. STATE & ORS. 11. S.B. CIVIL WRIT PETITION NO.11687/2009 SMT. TAMANNA SHAH VS. STATE & ORS. 12. S.B. CIVIL WRIT PETITION NO.11695/2009 REKHA PATEL & ANR VS. STATE & ORS. 13. S.B. CIVIL WRIT PETITION NO.11696/2009 SMT. KANCHAN & ORS VS. STATE & ORS. 14. S.B. CIVIL WRIT PETITION NO.11704/2009 BHAVESH DHOLIA VS. STATE & ORS. 15. S.B. CIVIL WRIT PETITION NO.11705/2009 MANOJ KUMAR & ORS VS. STATE & ORS. 2 16. S.B. CIVIL WRIT PETITION NO.11716/2009 SATYANARAYAN MALI & ORS. VS. STATE & ORS. 17. S.B. CIVIL WRIT PETITION NO.11720/2009 MEKA RAM PANWAR & ORS. VS. STATE & ORS. 18. S.B. CIVIL WRIT PETITION NO.11721/2009 ASHA RAM VS. STATE & ORS. 19. S.B. CIVIL WRIT PETITION NO.11722/2009 JAWANT KUMAR & ORS VS. STATE & ORS. 20. S.B. CIVIL WRIT PETITION NO.11726/2009 LEKH RAM & ANR VS. STATE & ORS. 21. S.B. CIVIL WRIT PETITION NO.11733/2009 UGAM SINGH & ORS VS. STATE & ORS. 22. S.B. CIVIL WRIT PETITION NO.11735/2009 ASHA PATIDAR & ORS VS. STATE & ORS. Date of order : 16.12.2009 HON'BLE MR. PRAKASH TATIA, J. S/Sh.VK Sharma, Mukesh Rawal, BN Kalla, KL Choudhary, Gopal Acharya, Shambhoo Singh, Ajay Vyas, Ramlal Gora, Amit Mehta, RK Choudhary, Aruna Negi, Rakesh Arora, PS Chundawat, IR Choudhary, RC Jodhi, Bharat Devai, Bhart Shrimai, DL Rawala, SS Rathroe and Parikit Nayakfor the petitioner(s). Mr. RL Jangid, Addl. Advocate General for the respondent State. <><><> The learned counsel for the petitioners as well as the learned counsel for the State submit that the issue raised in 3 these writ petitions has already been answered in the judgment of this Court delivered in S.B.Civil Writ Petition No.2579/09-Devendra Kumar & ors. vs. The State & ors. and 502 connected matters decided on 15.5.2009 and, thereafter, the Division Bench of the Rajasthan High Court at Jaipur dismissed the appeals preferred by the private parties, therefore, these writ petitions may also be decided in the light of the decision given in above S.B.Civil Writ Petition No. 2579/09 as well as in the light of the decision given in S.B. Civil Writ Petition No.4652/09 and connected 632 writ petition decided on 8.5.2009. In view of the statement of both the learned counsel for the parties, these writ petitions are also allowed in the following terms:- 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 4 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.” 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. bharti/sphophliya/- 5 S.B. CIVIL WRIT PETITION NO._______/2009 Date of order : 16.12.2009 HON'BLE MR. PRAKASH TATIA, J. S/Sh.VK Sharma, Mukesh Rawal, BN Kalla, KL Choudhary, Gopal Acharya, Shambhoo Singh, Ajay Vyas, Ramlal Gora, Amit Mehta, RK Choudhary, Aruna Negi, Rakesh Arora, PS Chundawat, IR Choudhary, RC Jodhi, Bharat Devai, Bhart Shrimai, DL Rawala, SS Rathroe and Parikit Nayakfor the petitioner(s). Mr. RL Jangid, Addl. Advocate General for the respondent State. <><><> This writ petition is allowed [ see separate judgment in S.B. CIVIL WRIT PETITION NO.11016/2009-KRISHNA PAREEK & ORS VS. STATE & ORS .] decided today itself. By orders Court master.