1 1. S.B. CIVIL WRIT PETITION NO.9929/2009 GEHRI LAL SALVI & ANR VS. STATE & ORS. 2. S.B. CIVIL WRIT PETITION NO.10358/2009 LALA RAM JAT & ORS VS. STATE & ORS. 3. S.B. CIVIL WRIT PETITION NO.10361/2009 UMMED SINGH & ORS VS. STATE & ORS. 4. S.B. CIVIL WRIT PETITION NO.10202/2009 NARENDRA SINGH & ORS VS. STATE & ORS. 5. S.B. CIVIL WRIT PETITION NO.10364/2009 KARAN SINGH & ORS VS. STATE & ORS. 6. S.B. CIVIL WRIT PETITION NO.10365/2009 PRIYANKA SAIN & ORS VS. STATE & ORS 7. S.B. CIVIL WRIT PETITION NO.10374/2009 BAJRANG LAL MACHRA & ORS VS. STATE & ORS. 8. S.B. CIVIL WRIT PETITION NO.10233/2009 KASTUR RAM MEGHWAL & ORS VS. STATE & ORS. 9. S.B. CIVIL WRIT PETITION NO.8278/2009 KANTA KUMARI AMETA & ANR. VS. STATE & ORS. 10. S.B. CIVIL WRIT PETITION NO.10237/2009 MAHESH KUMAR JOSHI & ORS VS. STATE & ORS. 11. S.B. CIVIL WRIT PETITION NO.8279/2009 BHANWAR LAL BALAI & ORS VS. STATE & ORS. 12. S.B. CIVIL WRIT PETITION NO.9606/2009 LAXMAN LAL GURJAR & ORS VS. STATE & ORS. 13. S.B. CIVIL WRIT PETITION NO.10242/2009 JITENDRA SINGH & ORS VS. STATE & ORS. 14. S.B. CIVIL WRIT PETITION NO.9739/2009 YASHWANT KUMAR VS. STATE & ORS. 2 15. S.B. CIVIL WRIT PETITION NO.8621/2009 BHUPENDRA SINGH & ORS VS. STATE & ORS. 16. S.B. CIVIL WRIT PETITION NO.8776/2009 MEENU DEVI VS. STATE & ORS. 17. S.B. CIVIL WRIT PETITION NO.8777/2009 AMAR SINGH & ORS VS. STATE & ORS. 18. S.B. CIVIL WRIT PETITION NO.8813/2009 NARSINGH VS. STATE & ORS. 19. S.B. CIVIL WRIT PETITION NO.9227/2009 SONALI SHARMA & ANR VS. STATE & ORS. 20. S.B. CIVIL WRIT PETITION NO.9496/2009 BABU LAL MEENA & ORS VS. STATE & ORS. 21. S.B. CIVIL WRIT PETITION NO.9531/2009 RAJU CHOUDHARY VS. STATE & ORS. 22. S.B. CIVIL WRIT PETITION NO.9672/2009 DEVENDRA KUMAR SHARMA & ORS VS. STATE & ORS. 23. S.B. CIVIL WRIT PETITION NO.9674/2009 CHETAN RAM KARWASRA & ANR VS. STATE & ORS. 24. S.B. CIVIL WRIT PETITION NO.9684/2009 GANPATI BHATI VS. STATE & ORS. 25. S.B. CIVIL WRIT PETITION NO.9700/2009 MONIKA CHOUDHARY & ORS VS. STATE & ORS. 26. S.B. CIVIL WRIT PETITION NO.9717/2009 CHEEMA RAM MEGHWAL & ORS VS. STATE & ORS. 27. S.B. CIVIL WRIT PETITION NO.9723/2009 MANAK CHAND GEHLOT & ORS VS. STATE & ORS. 28. S.B. CIVIL WRIT PETITION NO.9790/2009 POONMA RAM VS. STATE & ORS. 3 29. S.B. CIVIL WRIT PETITION NO.9791/2009 SITA RAM & ORS VS. STATE & ORS. 30. S.B. CIVIL WRIT PETITION NO.9804/2009 SHANTI LAL & ORS VS. STATE & ORS. 31. S.B. CIVIL WRIT PETITION NO.9819/2009 REKHA RAM VS. STATE & ORS. 32. S.B. CIVIL WRIT PETITION NO.9820/2009 NARNA RAM & ANR. VS. STATE & ORS. 33. S.B. CIVIL WRIT PETITION NO.9881/2009 RAM NIWAS & ORS VS. STATE & ORS. 34. S.B. CIVIL WRIT PETITION NO.9888/2009 SEEMA SHRANGI VS. STATE & ORS. 35. S.B. CIVIL WRIT PETITION NO.9912/2009 SMT. SHALBALA JOSHI VS. STATE & ORS. 36. S.B. CIVIL WRIT PETITION NO.9936/2009 BHOOPESH VS. STATE & ORS. 37. S.B. CIVIL WRIT PETITION NO.9942/2009 NOL SINGH & ORS VS. STATE & ORS. 38. S.B. CIVIL WRIT PETITION NO.9957/2009 ARJUN KUMAR & ORS VS. STATE & ORS. 39. S.B. CIVIL WRIT PETITION NO.9971/2009 KISHORE DAS & ORS VS. STATE & ORS. 40. S.B. CIVIL WRIT PETITION NO.9994/2009 RAGHUVEER SINGH CHAUHAN & ANR VS. STATE & ORS. 41. S.B. CIVIL WRIT PETITION NO.10017/2009 KANA RAM & ORS VS. STATE & ORS. 42. S.B. CIVIL WRIT PETITION NO.10113/2009 PARAS RAM VS. STATE & ORS. 4 Date of order : 4.11.2009 HON'BLE MR. PRAKASH TATIA, J. S/Sh. KN Mathur, RK Choudhary, Sajjan Singh, VR Choudhary, PS Chundawat, RS Charan, IJ Yadav, AR Godara, Rameshwar Dave, D. Kawadiya, S. Sarupariya, HR Chawara, AD Charan, Bharat Devasi, Rakesh Matoriya, Rajesh Choudhary, Anurag Shukla, Gopal Acharaya, Arjun Purhoit, JS Bhati, MP Pareek, Rohitas Singh, Anil Vyas, PS Bhati, SS Rathore, DS Champawat, AK Choudhary, Rakesh Arora and RRC Gorsia, for the petitioner(s). Mr. RL Jangid, Addl. Advocate General. <><><> The learned counsel for the petitioners as well as the learned counsel for the State submits that the issue raised in 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. 5 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 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 6 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 petitioner(s) 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 petitioner(s) only subject to payment of this Court fee. [PRAKASH TATIA], J. mlt/sanjay/cpgoyal 7 S.B. CIVIL WRIT PETITION NO. /2009 Date of order : 4.11.2009 HON'BLE MR. PRAKASH TATIA, J. S/Sh. KN Mathur, RK Choudhary, Sajjan Singh, VR Choudhary, PS Chundawat, RS Charan, IJ Yadav, AR Godara, Rameshwar Dave, D. Kawadiya, S. Sarupariya, HR Chawara, AD Charan, Bharat Devasi, Rakesh Matoriya, Rajesh Choudhary, Anurag Shukla, Gopal Acharaya, Arjun Purhoit, JS Bhati, MP Pareek, Rohitas Singh, Anil Vyas, PS Bhati, SS Rathore, DS Champawat, AK Choudhary, Rakesh Arora and RRC Gorsia, for the petitioner(s). Mr. RL Jangid, Addl. Advocate General. <><><> This writ petition is allowed (see separate order in S.B. CIVIL WRIT PETITION NO.9929/2009-GEHRI LAL SALVI & ANR VS. STATE & ORS. decided today itself). By order Court Master.