1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO. 2988/2005 (Hakma Ram & Ors. Vs. State of Rajasthan & Ors.) Date of Order : 16/01/2007 PRESENT HON'BLE MR. JUSTICE H.R.PANWAR Mr. P.S.Bhati for the petitioners. Mr. Rameshwar Dave, Dy. Govt. Advocate for non-petitioners. BY THE COURT:- Heard learned counsel for the parties. By the instant writ petition, the petitioners seek direction to the non-petitioners to treat them at par with the Physical Training Instructor Gr.III appointed by the non- petitioners after proper advertisement and following the due process of selection as also seek direction to regularise the services of the petitioners on the post of Physical Training Instructor Grade-III with all consequential benefits. It is contended by learned counsel for the petitioners that though the petitioners were appointed as Para-Teachers under the scheme Rajeev Gandhi Swarn Jayanti Pathshala, the posts of Para Physical teachers were advertised vide Annex.1 by 2 which 161 posts of Shiksha Sahyogi, 176 posts of Additional Shiksha Sahyogi and 69 posts of Para Physical Teachers were to be filled in. The petitioners applied for the post of Para Physical Teachers. Initially the petitioners were appointed on an honorarium of Rs.1200/- per month, however, the honorarium was enhanced from time to time and now the petitioners are getting honorarium of Rs. 3000/- per month. It is contended by learned counsel for the petitioners that after following the due process of selection, the petitioners were selected and appointed as Para Physical Teachers and therefore, they are entitled to be treated equal to those Para Physical Teachers who were appointed by the non-petitioners after following the due process of selection. Learned Deputy Government Advocate appearing for the non-petitioners submits that similarly controversy came to be decided by the Division Bench of this Court in Richpal Singh & 283 Ors. Vs. State of Rajasthan 2005 (1) Western Law Cases, (Raj.) 548 wherein the Division Bench was of the view that the petitioners therein were engaged under a particular scheme i.e. Rajiv Gandhi Swaran Jayanti Pathshala on the fixed honorarium without following the statutory process of selection. As such, they cannot be given the regular pay scale of Gr.III teachers by regularizing their services. In this view of the matter, the controversy involved 3 in the instant case is squarely covered by the decision of Division Bench of this Court in Richpal Singh & 283 Ors. Vs. State of Rajasthan (supra) and therefore, no case for interference is made out. The writ petition is dismissed accordingly. Stay petition also stands dismissed. There shall be no order as to costs. (H.R.PANWAR),J. rp