JAGDISH CHANDRA SEN S/O SHRI LADU RAM NAI Vs. STATE OF RAJASTHAN THROUGH THE SECRETARY, DEPARTMENT OF EDUCATION, SECRETARIAT, JAIPUR (RAJ.) AND ORS.

JUDGEMENT

(1.) This writ petition and several other writ petitions, as indicated in the annexed Schedule, have been filed by the petitioners aggrieved against orders passed by the respondents, whereby, pursuant to their selection under provisions of Rule 6D of the Rajasthan Educational Subordinate Service Rules, 1971 ('Rules of 1971'), they have been adjusted/posted as per the Schedule at various schools under the Education Department.

(2.) It is, inter alia, the case of the petitioners that they were initially appointed on the post of Teacher Gr.-III, which has now been re-designated as Teacher Gr.-III, Level-I or Level-II under the provisions of Rajasthan Panchayati Raj Act, 1994 ('the Act of 1994') and Rajasthan Panchayati Raj Rules, 1996 ('the Rules of 1996'); services of the petitioners were confirmed/regularized under the provisions of the Act of 1994 and the Rules of 1996; it is alleged that though the petitioners were appointed and their services are governed by the Act of 1994 and the Rules of 1996, without their knowledge, their services are being transferred under the provisions of Rule 6D of the Rules of 1971 to the Education Department; the respondents took steps for changing the setup under Rule 6D of the Rules of 1971, whereby, instructions were issued for changing the setup, calling upon the candidates/teachers to appear for the counseling; pursuant thereto, the orders have been passed transferring the petitioners from the Schools under the Panchayati Raj Department to the Education Department.

(3.) It is, inter alia, submitted that the process under Rule 6D of the Rules of 1971 is a mode of recruitment and is permissible only when the individual is fulfilling the eligibility criteria on the date of appointment and is willing for change of setup from Panchayati Raj Department to the Education Department; the petitioners were made to participate in the counseling as they were relieved to participate in the counseling and even during counseling the respondents did not adhere to their own guidelines. The orders impugned are in violation of provisions of the Rajasthan Panchayati Raj (Transferred Activities) Rules, 2011 ('Rules of 2011').