S.B. CIVIL WRIT PETITION NO. 3025/09 (Heera Singh Chouhan & Ors. Vs. State of Raj. & Ors. and connected matters. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. JUDGMENT 1 S.B. Civil Writ Petition No. 3025/2009 HEERA SINGH CHOUHAN Vs. STATE OF RAJ. & ORS 2 S.B. Civil Writ Petition No. 4131/2009 MISS MALI & ORS Vs. STATE OF RAJ. & ORS 3 S.B. Civil Writ Petition No. 5075/2009 BALVINDER SINGH & ANR. Vs. STATE & ANR. 4 S.B. Civil Writ Petition No. 5121/2009 RAMU RAM & ANR. Vs. STATE OF RAJ. & ORS. 5 S.B. Civil Writ Petition No.5149/2009 BHANWAR LAL & ORS Vs. STATE OF RAJ. & ORS. 6 S.B. Civil Writ Petition No. 5184/2009 DEVI LAL Vs. STATE OF RAJ. & ORS. 7 S.B. Civil Writ Petition No.5185/2009 RANA RAM & ANR. Vs. STATE OF RAJ. & ORS 8 S.B. Civil Writ Petition No. 5193 /2009 MADHURI VYAS & ORS Vs. STATE OF RAJ. & ORS 9 S.B. Civil Writ Petition No. 5209/2009 KHEEMA Vs. STATE OF RAJ. & ORS 10 S.B. Civil Writ Petition No. 5210/2009 PANNA LAL & ORS. Vs. STATE OF RAJ. & ORS S.B. CIVIL WRIT PETITION NO. 3025/09 (Heera Singh Chouhan & Ors. Vs. State of Raj. & Ors. and connected matters. 2 11 S.B. Civil Writ Petition No. 5211/2009 NIMBA RAM & ANR. Vs. STATE OF RAJ. & ORS 12 S.B. Civil Writ Petition No. 4088/2009 GOVIND PATIDER Vs. STATE OF RAJ. & ORS 13 S.B. Civil Writ Petition No. 4287/2009 KARNI SINGH & ORS Vs. STATE OF RAJ. & ORS 14 S.B. Civil Writ Petition No. 5170/2009 VIKRAM SINGH Vs. STATE OF RAJ. & ORS 15 S.B. Civil Writ Petition No. 5171/2009 SHANKER LAL & ANR. Vs. STATE OF RAJ. & ORS 16 S.B. Civil Writ Petition No. 5224/2009 GEETA CHOUDHARY Vs. STATE OF RAJ. & ORS 17 S.B. Civil Writ Petition No. 5225/2009 KISHNA RAM & ORS. Vs. STATE OF RAJ. & ORS 18 S.B. Civil Writ Petition No. 5240/2009 RANJANA SONI & ORS Vs. STATE OF RAJ. & ORS. 19 S.B. Civil Writ Petition No. 5242/2009 HEMRAJ & ORS Vs. STATE OF RAJ. & ORS. 20 S.B. Civil Writ Petition No. 5244/2009 DIGAMBER DIVYA Vs. STATE OF RAJ. & ORS 21 S.B. Civil Writ Petition No.5254/2009 VINOD KUMAR Vs. STAT E & ORS 22 S.B. Civil Writ Petition No. 5255/2009 SMT. GAINI Vs. STAT E & ORS 23 S.B. Civil Writ Petition No. 5259/2009 BANSHI LAL & ORS. Vs. STAT E & ORS S.B. CIVIL WRIT PETITION NO. 3025/09 (Heera Singh Chouhan & Ors. Vs. State of Raj. & Ors. and connected matters. 3 24 S.B. Civil Writ Petition No. 5260/2009 CHANDRA MOLI & ORS. Vs. STAT E & ORS 25 S.B. Civil Writ Petition No. 5261/2009 MADAN SINGH VS. STATE & ORS 26 S.B. Civil Writ Petition No. 5266/2009 NILOFAR BANO & ORS. Vs. STAT E & ORS 27 S.B. Civil Writ Petition No. 5284/2009 MEWA RAM & ORS. Vs. STATE & ORS. Date of Order:- May 22 ,2009. PRESENT HON'BLE MR. JUSTICE PRAKASH TATIA. Servashri NR Choudhary, RS Charan, DL Rawla, PS Chundawat, Sajjan Singh, Awar Dan Charan, Ashu Ram, Manoj Bohra, Parikshit Nayak, Subhash Kachhawaha, Dinesh Gehlot, Parikshit Nayak, Inderjeet Yadav, PS Chundawat, KC Choudhary, KL Bishnoi, Govind Suthar, RP Singaria, Ramdev Potalia, IR Choudhary, DS Udawat, RS Saluja, S. Saruparia, PS Bhati,for the petitioners. Mr. RL Jangid, Addl. Advocate General with Mr.Rajesh Bhati for the respondent-the State. S.B. CIVIL WRIT PETITION NO. 3025/09 (Heera Singh Chouhan & Ors. Vs. State of Raj. & Ors. and connected matters. 4 BY THE COURT: In view of the judgment of this Court delivered in S.B.Civil Writ Petition No.2579/09-Devendra Kumar & ors. v. The State & ors. and 502 connected matters decided on 15.5.2009 and in view of the judgment delivered by the Jaipur Bench of this Court in S.B.Civil Writ Petition No.4652/09 and connected 632 writ petitions dated 8.5.2009, 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 S.B. CIVIL WRIT PETITION NO. 3025/09 (Heera Singh Chouhan & Ors. Vs. State of Raj. & Ors. and connected matters. 5 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 S.B. CIVIL WRIT PETITION NO. 3025/09 (Heera Singh Chouhan & Ors. Vs. State of Raj. & Ors. and connected matters. 6 '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.” (PRAKASH TATIA),J. aarti