SANTOSH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this writ petition, petitioner has prayed for a direction to the respondents to take him back on duty and the order dated 27/2/1999 (Annex.3) may be declared illegal to the extent it orders that appointment of petitioner is temporary and further it may be declared that petitioner was appointed substantively. Further, it is prayed that respondents may be directed to allow salary to the petitioner for summer vacation.

(2.) ACCORDING to the facts of the case, applications for recruitment to the post of Physical Teacher Gr.III were invited by the District Education Officer, Sriganganagar by way of advertising vacancies. The petitioner applied for the said post as he was possessing requisite qualifications to be appointed as Physical Teacher Gr.III in accordance with the provisions of Rajasthan Education (Subordinate Service) Rules, 1971 (for short 'the Rules, 1971' hereinafter). The petitioner applied under the reserved category of OBC. On the basis of the qualification possessed by the petitioner i.e. graduation with Bachelor of Physical Education (B.P.Ed.), he was found suitable for appointment and after due selection in accordance with Rule 20 of the Rules of 1971, the petitioner was provided appointment vide Annex.3. In the appointment order, name of petitioner appeared at serial No. 1.

(3.) THE petitioner joined the services in pursuance of said order and at the end of session 1998 -99 his services were discontinued. On reopening of academic session w.e.f. 1/7/1999, the petitioner filed an application for joining duty but the Head Master of Rajkiya Secondary School, Fatuhi (Shivpur) refused to take petitioner on duty. When the Head Master of the school refused to take him on duty then petitioner made inquiry from the office of District Education Officer and he came to know about a letter dated 1/7/1999 addressed by Senior Deputy District Education Officer (Secondary) to Director, Secondary Education, Rajasthan, whereby, he sought guidance with regard to recognition of B.P.Ed. qualification obtained by the candidates after 1/7/1995 from Nagpur University. Due to the reason that petitioner acquired B.P.Ed. qualification from Nagpur University after 1/7/1995, he was not given reappointment but other persons, who were appointed along with the petitioner were provided appointment. As per petitioner, in all 23 candidates were given appointment vide order dated 27/2/1999 and out of 23 candidates only 22 candidates joined their duties and they worked till end of academic session 1998 -99 and on reopening of academic session 1999 -2000 w.e.f.1/7/1999 only 14 persons were provided reappointment.