LAWS(RAJ)-2013-11-213

THAN SINGH Vs. STATE OF RAJASTHAN & ORS.

Decided On November 22, 2013
THAN SINGH Appellant
V/S
State of Rajasthan And Ors. Respondents

JUDGEMENT

(1.) IN impugnment is the letter dated 27.9.2011 issued by the Directorate, Sanskrit Education, Rajasthan, Jaipur communicating to the Secretary, Nutan Vidhya Mandir Samiti, Bharatpur (respondent No. 4) that the application submitted by the writ petitioner for his appointment under the Rajasthan Voluntary Rural Education Service Rules, 2010 (for short, hereafter referred to as 'the Rules') had been rejected, as the same had not been made within the time statutorily prescribed. We have heard Mr. Amol Vyas learned counsel for the petitioner.

(2.) THE pleaded case of the petitioner, in short, is that he is an employee of the aided institution within of meaning of Rule 2(c) of the Rajasthan Non -Government Educational Institutions (Recognition, Grant -in -aid and Service Conditions etc.) Rules, 1993 and has been serving as Teacher Grade III with the respondent No. 4. According to him, he has been regularized with effect from 1.5.2000. He submitted an application with the respondent No. 4 with a request to forward the same with his testimonials under Rule 2(b) of the Rules for appointment thereunder. He has averred that due to personal reasons, the application could not be submitted by him within the stipulated time as prescribed by the Rules, and though the same was eventually forwarded to the respondent No. 3 i.e. Directorate of Sanskrit Education, Rajasthan, Jaipur, the same was rejected as belated, as conveyed by the impugned letter dated 27.9.2011.

(3.) HAVING regard to the pleaded facts and the unambiguous prescription of Rule 4 of the Rules, which predicate a time limit of 15 days from the date of publication of the Rules in the Official Gazette for such application, we are unable to accede to the request made. Admittedly, the validity of the Rules though challenged, has meanwhile been upheld by this Court, and in our opinion, on this count as well, it would be wholly inexpedient on our part to grant the prayer as made. This petition is therefore dismissed.