SHASHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THOUGH the above 17 numbers of petitions are not covered by the same set of Rules, inasmuch as some are governed by the Rajas-than Educational Service (Collegiate Branch) Rules, 1986 (for short hereinafter referred to as 'the Rules'), whereas others are not so governed, but a common question is involved in the each of the writ petitions whether the practice of appointing Lecturers at the start of the academic session and terminating their services on the last day of the academic session, can be upheld and can be said to be in accordance with the Rules ?

(2.) THE above number of first five writ petitions are from the Lecturers each of whom was appointed under Rule 29 of the Rules by making urgent temporary appointment. Smt. Shashi petitioner in Writ Petition No. 1247 of 1988 was for the first time appointed as Lecturer in History subject vide order dated November 20, 1987 in the Government Lal Bahadur Shastri Post Graduate College, Kotputli. She infact jointed her post on November 27, 1987. Prior to the aforesaid posting she also worked as Lecturer in different colleges as given below: - S. No. Name of college Period 1. Ch. B. R. G. Govt. Girls College, Sri Ganganagar. 14. 12. 83 to 5. 5. 84 2. -do- 19. 7. 84 to 18. 9. 84 & 5. 11. 84 to 6. 5. 84 3.-do- 12. 7. 85 to 23. 9. 85 4. Maharani Sudarshana College, Bikaner. 24. 9. 85 to 6. 5. 86 5. Sonadevi Sethia Girls College, Sujangarh, Distt, Churu. 1. 8. 86 to 9. 10. 86 5. 11. 86 to 6. 5. 87 3. 8. 87 to 2. 11. 87 THE academic session was to end on May 12, 1988 and as per the terms of appointment and in accordance with Rule 29 of the Rules she was to be relieved on May 12, 1988, but was not relieved as a result of the stay in writ petition by this Court. Harpit Singh in Writ Petition No. 1263 of 1988 after completing his post-graduation in the yearl984 was initially appointed on the post of Lecturer on urgent temporary basis under order dated November 24, 1984 under the Rajasthan Educational Service (Collegiate Branch Rules, 1971, which Rules were repealed by sec. 38 of the Rules. He was re-appointed on urgent temporary basis on July 5, 1985 and relieved vide order dated May 6, 1986, again re-appointed on Nov. 3, 1987, and he received an order that he was to be relieved in the after-noon of May 12, 1988 i. e. the last day of academic session. It may also be stated that the Rajasthan Public Service Commission (for short hereinafter referred to as 'the Commission') also issued advertisement on July 24, 1985, whereby amongst other subjects, 35 posts of Lecturers in Physics were also advertised. THE recruitment was to be made under Part IV of the Rules. A screening test as well as interview was to be held and the petitioner succeeded in the screening test and was called for inter view on February 25, 1986 in which he was successful also and the Commission sent two lists, the main list and the reserve list to the Government and as per the case of the petitioner whereas the main list contained names of 45 candidates, the reserve list contained names of 43 candidates and the name of the petitioner was placed at serial No. 24 in the reserve list. Rishbhan Chaturvedi in Writ petition No. 1305 of 1988 after having obtained a degree of Master of Arts in English Literature was initially appointed as Lecturer in Government College, Banner, where he served from September 17, 1984 to May 6. 1985. THEreafter he was re-appointed as Lecturer in Government College, Sawai Madhopur, where he worked from July 8, 1985 to October 4, 1985. THEreafter he was re-appointed as Lecturer in English in Government College, Sirohi from October 5, 1985 to May 6, 1986, in Government College, Barmer from July 24, 1986 to October 4, 1986 and in Government College, Sawai Madhopur from October 5, 1986 to May 6, 1987. THEreafter the petitioner was re-appointed as Lecturer in English Literature in Government College, Karauli on July 2, 1987 where he was to serve till the end of the academic session i. e. May 12, 1988 and before the end of the last day of the academic session he preferred a writ petition and continued under the stay order granted by this Court. Ramesh Kumar Sharma in Writ Petition No. 1458 of 1983 after passing his M. A. and M. Phil, examinations in English subject in the years 1981 and 1982 respectively was initially appointed on the post of Lecturer on urgent temporary basis on December 1, 1984 and served as Lecturer till May 6, 1985 when summer vacations started and he was re-appointed after summer vacation under order dated July 5, 1985 and worked as Lecturer till May 6, 1986. He was again re-appointed on July 14, 1986 and worked as Lecturer till May 6,1987 and re-appointed in the session 1987-88 under order dated July 28, 1987. His term was to expire on May 13, 1988 and relieving order was handed over to him by the Principal of Government College, Neem-ka-Thana where he was then working. He challenged that order and continued to work under stay order granted by this Court. Smt. Nalini Pareek in Writ Petition No. 1739 of 1988 is M. Phil, from Gujrat University and though initially she worked as Lecturer in Gujarat, as a result of her marriage with one Shri Prabodh Pareek at Jaipur she relinquished job there and after applying for the post of Lecturer was initially appointed on urgent temporary basis under Rule 29 of the Rules on November 3, 1987 under the orders of the Director of College Education, Rajasthan, Jaipur. She was relieved from her post on May 12, 1988 at the start of the summer break. An advertisement was issued by the Director of College Education, Rajasthan, Jaipur in news paper, 'rajasthan Patrika' dated May 31, 1988 and other papers by which the posts against which the petitioner and other persons were working were advertised for giving fresh appointments. She challenged the order relieving her. THEre is no stay from this Court and she is not continuing.

(3.) AFTER notice was given to the non-petitioners, replies have been filed in some of the writ petitions, but as the replies in the three batches of the above number cases relating to Lecturers appointed by the Director of College Education in Government Colleges, in the School of Arts and Sangeet Sansthan have been filed in one or the other case, they will be considered for all the cases.