HANUMAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present batch of writ petitions involving common point is being disposed of by this common order. The facts are illustratively taken from SBCWP No. 3070/2014--Hanuman Ram vs. State of Rajasthan & ors. in which State Government has filed reply and also from S.B. CWP No. 2783/2014--Manisha Joshi & ors. vs. State of Rajasthan & ors.

(2.) The facts in nutshell leading to the present set of writ petitions are like this.

(3.) The petitioners were appointed on contractual basis as Computer Instructors by the private placement agencies, namely: M/s. Compucom Software Limited, Jaipur and Educom Solutions ltd., Gurgaon in the computer education project of the State Government, namely; ICT, in the first phase in 2008 started in 2500 Government schools. The said scheme was sponsored by the respondent State and the petitioners upon being so appointed through the private placement agencies in 2008 have continued to work as Computer Instructors in different Government Schools and the term of their contract in favour of these two companies aforesaid was extended last upto 30/4/2014 under the orders of Director, Secondary Education, Bikaner dated 4/3/2014, a copy of which is placed at Annex. 11 (page 74 of the paper book in Manisha Joshi's case and the present writ petitions were filed on 10/4/2014 and 21/4/2014 respectively, just before the expiry of contractual period of these two private placement agencies, seeking a direction from the Court that the respondent State may be directed to extend the term of contract of petitioners as also of these private placement agencies so that the petitioners, who have worked for a long period as Computer Instructors may continue in the said computer education programme of the State Government since the education of children is a fundamental right under Article 21A of the Constitution of India as also as per the Right of Children to Free and Compulsory Education Act, 2009 and since the State Government has failed to make any suitable alternative arrangements for computer education for the students in the State, the respondent State Government should be given mandamus direction to extend the contract of private placement agencies as also of present petitioners lest the computer education is seriously and adversely effected. The petitioners have also claimed regularisation in service as computer instructors.