RAMKUMAR JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE controversy in the present writ petition is in regard to regular selection to the post of Teacher Grade III as per amendment made in the Rajasthan Panchayat Act and the Rules thereunder through the agency of Rajasthan State Public Service Commission and for regularisation of Para Teachers appointed under a Scheme of the State Government in the name of Rajiv Gandhi Swarn Jayanti Pathshala. It has been submitted that all the points in issue have been decided by the Division Bench of this Court at the main seat in the case of Richhpal Singh vs. State of Rajasthan, DB Civil Writ Petition No. 3654/2004, decided on January 4th, 2005.

(2.) THE whole controversy as has been summarised by the Division Bench in para No. 1 of the judgment, referred above, is reproduced hereasunder:- " Thousands of teachers by way of instant bunch of writ petitions, as mentioned in Schedule appended to each petition, have challenged the Constitutional validity of the Rajasthan Panchayati Raj (Amendment) Ordinance, 2004 and Rajasthan Panchayati Raj (Amendment) Rules, 2004 providing for selection of Teachers Gr. III by the Public Service Commission and have prayed for restoring the autonomy to the Panchayati Raj Institutions in the matter of selection & appointment of primary school teachers. Petitioner-teachers have also prayed for restoration of the Notification dated 14. 7. 2003 providing to fill up the posts of Teacher Gr. III to the extent of 75% from para Teachers/shiksha Sahyogi and 25% from the open market. It is further prayed that their services be regularised as Teacher Gr. III, who have been in continuous service for a considerable time as Para Teacher/shiksha Sahyogi. "

(3.) SOME times, twilight zone of expectation is raised so high that it becomes difficult or, to say, impossible to bring them back within the framework of statutory laws. But the courts have to strike a balance between expectations of few as compared to rights of thousands similarly situated who claim the same under the statute.