ARTI MATHUR Vs. STATE

JUDGEMENT

(1.) HEARD Mr.R.D.Rastogi, learned counsel for the applicants and Mr.R.K.Mathur, learned Senior Counsel assisted by Mr.Aditya Mathur, learned counsel for the respondent No.6.

(2.) THE facts, in short, necessary for the present adjudication, are that the applicants had instituted D.B.Civil Writ Petition No.829/2012, seeking inter alia the annulment of the amendment to Section 7(1) of the Rajasthan Non -Government Educational Institutions Act, 1989 (for short, hereafter referred to as 'the Act'), as referred to therein, and for an appropriate writ, order or direction to the respondents to continue the payment of grant -in -aid to their college, against their posts. They pleaded that they had been the working lecturers in L.B.S.College, Jaipur in Zoology and English respectively, run by the respondent No.6 against sanctioned and aided posts on permanent basis, after due selection. Referring to the Rajasthan Voluntary Rural Education Service Rules, 2010 (for short, hereafter referred to as 'the Rules'), the applicants/writ petitioners disclosed that they were not interested to join the government job, as contemplated therein, but with the promulgation of the Ordinance, making amendment to Section 7(1) of the Act predicating that the aid granted under the provisions thereof or the Rules made thereunder, might be stopped by the State Government at any time, they, alongwith many others, being awed and apprehensive of the probable consequences, approached this Court for redress. On 13.12.2011, an order was passed by the Director, College Education, Government of Rajasthan, Jaipur to the effect that since most of the lecturers working in private aided educational institutions on aided and sanctioned posts had opted for government job under the Rules, it had been decided to discontinue the grant -in -aid, hitherto provided by the government to such institutions. According to the applicants/writ petitioners, during the pendency of their writ petition, alongwith those of others, two separate orders dated 26.3.2012 were passed by the Managing Committee of LBS College, Jaipur, informing them that in view of the stoppage of grant -in -aid, their aided posts had come to an end, and therefore, their services were terminated w.e.f.27.3.2012. The applicants/writ petitioners have stated that these termination orders were brought on record by filing D.B.Civil Second Stay Application No.3825/2012, but as the matters were in the process of being finally heard, no interim relief of keeping those in abeyance was passed. The applicants/writ petitioners have categorically pleaded that they did not submit any option to join government job under the Rules, and as a matter of fact, did not join the same. They stated further that their writ petition, alongwith others, in a batch, was disposed of by a coordinate Bench of this Court vide judgment and order dated 16.4.2013 holding thus: -

(3.) THE respondent No.6, in its reply, in substance, has asserted that the services of the applicants/writ petitioners though had been terminated by the order dated 26.3.2012, those were not assailed before this Court, either in their writ petition or otherwise, and therefore, those had been rightly left uninterfered by this Court. The answering respondent denied the claim of the applicants/writ petitioners that after the termination of their services, they had kept on attending the college, but were not permitted to sign the attendance register. It pleaded further that the applicants/writ petitioners were thus, not entitled to the defeasance of their orders of termination on the basis of the judgment and order dated 16.4.2013, and that, thus, the instant application for clarification is wholly misplaced.