1 19 S.B. CIVIL IIND STAY PETITION NO.2963/2008 IN S.B. CIVIL WRIT PETITION NO. 2278/2007 [MISHRI LAL JAT & ORS. VS. STATAE OF RAJ. & ORS.] DATED : 13.03.2008. HON'BLE MR. MUNISHWAR NATH BHANDARI, J. Mr.P.P.Choudhary for the petitioner; Mr.B.L.Bhati GA for the respondent. ***** The matter comes up on second stay application wherein the it has prayed that the petitioner may be taken in service if vacancies are available and regularly selected candidates from RPSC are not appointed against those posts. Learned counsel for the petitioner submits that looking to the facts and circumstances of the case, petitioner presently pressed this petition only to the extent that if respondents intends to take Teacher under Vidharthi Mitra Scheme then looking to the past experience of the teachers who had worked in the said scheme, be utilised by giving them preference in appointment under the Scheme. That too if regularly selected candidates from RPSC are not appointed against those posts or the posts are not otherwise filled by the regularly selected candidates. 2 It is further submitted that looking to the limited prayer, writ petition may itself be disposed of with liberty to agitate other issue on appropriate stage if so required in future. Learned counsel appearing for the Government seriously opposed the prayer made by the learned counsel for the petitioner inasmuch as the prayer made in the second stay application is not otherwise the prayer in the main writ petition thus on that strength it is urged that the petitioner's limited prayer should not be accepted. Learned counsel for the respondent has otherwise not opposed the preposition as argued by the learned counsel for the petitioners regarding re-engagement. Learned counsel for the petitioner submits that in prayers No.4 and 5 of the writ petition it is being prayed that petitioner be continued till regularly selected candidates are available or the posts are lying vacant otherwise. Looking to the limited controversy now raised in this writ petition, the only direction sought at present is in regard to some preference in re-engagement. If the post of Teacher is filled under the scheme that too if those posts are not otherwise filled by the regularly selected candidates. There should not be any difficulty for the Government to give some sought of preference to the 3 experienced persons like petitioners' in that regard. In view of the above, the writ petition is disposed of with the direction to the respondents that if the post of Teacher under Vidharthi Mitra Scheme is filled in the same manner as otherwise was filled earlier when petitioners were engaged then the experienced persons like petitioners' may be given some priority in engagement subject to their suitability but if those posts are otherwise filled by the regularly selected candidates then petitioners would have no right to seek re-engagement or any preference therein. The writ petition is disposed of accordingly with the aforesaid directions with no order as to costs. [M.N.BHANDARI],J. MAMTA