HITESH PARIHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant-petitioner was engaged as 'Vidhyarthi Mitra', on contract in the year 2006 and thereafter to teach the students in Government Primary School, Chhipi, District Jalore. His services were dispensed with on completion of three months, after which, he was re-appointed on contract in the year 2009 and worked upto January 2010.

(2.) The appellants in other Special Appeal are amongst a large number of persons, who were appointed as 'Vidhyarthi Mitras', in the School of Elementary Education and the Schools of Secondary Education on the vacancies of Teacher Gr.III, Senior Teachers and Lecturers on contract for specified period, awaiting regular appointment by the State Government and Panchayats in the vacancies.

(3.) A large number of writ petitions were filed by Vidhyarthi Mitras to allow them to continue until regular appointments are made. A batch of writ petitions led by S.B.Civil Writ Petition No.4652/2009 connected with 362 petitions was decided by Jaipur Bench of this Court on 08.09.2009, declaring the last extension to be arbitrary and illegal; and the consequential automatic termination orders were set aside. The respondents were directed to consider the case of the petitioners for continuation in service till regularly selected candidates from RPSC/persons selected and recommended by DPC for promotion are made available in the light of the observations made in the judgment. It was observed that in case the regularly selected candidates from RPSC/persons selected and recommended by RPSC 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 first go' to the extent of availability of selected candidates keeping in view the interest of the present students and prospective students.