SARITA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since common question of facts and law relating to the continuation of Vidyarthi Mitras till the candidates regularly selected by the Rajasthan Public Service Commission (RPSC)/persons regularly selected by the Departmental Promotion Committee are available and further declaring action of the respondents of invoking the contract clause of automatic end of the services of the petitioners as Vidyarthi Mitra on 15.4.2009 is under challenge in all these writ petitioners, therefore, all the cases have been clubbed together, heard together and are being decided by this common order.

(2.) The necessary common facts of the case are that all the petitioners have been appointed as Vidyarthi Mitra after 2.6.2008 when a circular was issued by the State Government whereby sanction was granted to implement Vidhyarthi Mitra Scheme on account of possible delay in availability of the RPSC selected and further persons recommended by the DPC for promotion on 6,000 posts of Lecturers, 5,000 posts of Senior Teacher and 1200 posts of Teacher Grade III and in order to run the teaching work in a proper manner. The Vidyarthi Mitra Scheme approved by the Finance Department vide its circular dated 9.1.2007 was ordered to be implemented as stated above by appointing Vidyarthi Mitra on the fixed remuneration of Rs. 4,000/- for Lecturer, Rs. 3,000/- for Senior Teacher and Teacher Grade-Ill Rs. 2750/- per month, with the condition that the said recruitment will be made till the candidates regularly selected by the RPSC/DPC are made available or till 29.2.2009, whichever is earlier.

(3.) In pursuance to the said circular, all the petitioners have been appointed as Vidyarthi Mitra by the competent authorities after notifying the vacancies in the region and preparation of the merit list but the term of appointment is the same as referred in the circular dated 2.6.2008. The said term was extended vide order dated 4.12.2008 from 1.3.2009 to 15.4.2009 and when the term up to 15.4.2009 was about to expire or expired, all the petitioners have approached this Court and interim orders for continuing their services were passed considering the fact that the examinations were continuing. The cases were heard on 4.5.2009 and the submission of counsel for the parties along with citations submitted on that day were recorded which are as under: