LOKPAL SINGH CHAUHAN Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THESE writ petitions have been filed challenging the notification dated 10.4.1995 whereby amendment in Rajasthan Education Service Rules, 1970, (for short Rule of 1970), which was vide earlier notification dated 30.10.1993 made effective from 6.9.1990 was again enforced on 1.9.1988, the date on which such amendment rules were made effective when the original amendment notification was issued on 6.9.1990. In fact, originally the Government vide two notifications dated 30.10.1993 and 6.6.1990 amended the Rajasthan Education Service Rules, 1970 and Rajasthan Education Subordinate Service Rules, 1971 and gave retrospective effect to such amendments from 1.9.1988. Those amendments were subjected to challenge including on the question of giving retrospective effect to them, in two writ petitions namely; DB Civil Writ Petition No.5562/1990 : Rajasthan Lecturers Association (School Education) Vs. State of Rajasthan & Ors decided on 7.10.1991 and DB Civil Writ Petition No.5562/1990 : Rajasthan Shiksha Sewa Parishad Vs. State of Rajasthan & Ors. In one of the writ petitions, the challenge was made to the note appended to Rule 7 of Amendment Rules, 1990, which provided that method of recruitment by promotion would come into force only after regularly appointed candidates on the posts of Head Masters, Secondary School and equivalent posts upto 31.8.1988, are regularly selected and appointed against the future vacancies of Headmaster Higher Secondary Schools. Subsequently, the Government again issued two notifications of even number both dated 30.10.1993 re-amending the amendment Rules of 1990, both in respect of Rajasthan Educational Service Rules and Rajasthan Subordinate Service Rules making them effective from 6.9.1990 rather than from 1.9.1988, the date originally notified for their enforcement in the previous notification dated 6.9.1990.