RAJENDRA PRASAD SHARMA Vs. STATE

JUDGEMENT

(1.) In these writ-applications, petitioners have challenged the vires of Rule 2(g) of the Rajasthan Voluntary Rural Education. Service Rules, 2010 (hereinafter referred to as 'Rules of 2010'). Since the issue raised is identical in all the writ petitions, therefore, these petitions were heard together for the purpose of common adjudication in Order to answer the question raised. The essential facts for adjudication of the controversy as pleaded in D.B. Civil Writ Petition No. 16285/2010 (Rajendra Prasad Sharma & Ors. vs. State of Rajasthan & Ors.) are that the petitioners are confirmed employees of Chirawa Senior Secondary School, Chirawa, District Jhunjhunu, selected by the duly constituted Selection Committee, including a nominee of the Government, and are working against sanctioned non-aided posts. It is further stated that the petitioners have unblemished service record and have been drawing salary in accordance with the Rajasthan Non-Government Educational Institutions (Recognition, Grant-in-aid and Service Conditions etc.) Rules, 1993 (hereinafter referred to as 'the Rules of 1993'), framed under the Rajasthan Non-Government Educational Institutions Act, 1989 (hereinafter referred to as "Act of 1989"), which provides for similar service benefits as admissible to the Government employees.

(2.) The respondent-State issued notification dated 29.11.2010 promulgating the 'Rules of 2010', for the purpose of absorbing the employees of Non-Government Aided Educational Institutions of Government of Rajasthan, who are working on sanctioned aided posts in the Non-Government Educational Institutions on the date of issue of the Notification dated 29.11.2010.

(3.) The grievance of the petitioners is that the action of the respondent-State in providing an option for absorption in the government service, only to those employees of the Non-Government Aided Educational Institutions working on aided sanctioned posts, ignoring the employees working on non-aided sanctioned posts of the Non-Government Aided Educational Institutions, even though their appointment was made by the very same Selection Committee(s), which included a government nominee; is arbitrary, discriminatory and violative of the mandate of the Article 14 and 16 of the Constitution of India. The challenge has been made specifically to Rule 2(g) of the Rules of 2010, promulgated vide notification dated 29.11.2010, which reads thus:-