Jointly disposing multiple writ petitions involving termination of Vidhyarthi Mitra appointed on contract basis. The High Court relied on prior judgments, specifically CWP-8969/2009, and stayed orders to dispose of the petitions without examining individual merits.
All the filed writ petitions were disposed of with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CW 11070/09
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In the High Court of Judicature for Rajasthan Jaipur Bench
**
1-Civil Writ Petition No.11070/2009
Sarita & (2) Ors Versus State & Ors. 2-Civil Writ Petition No.1094/2010
Ram Avtar Meena Versus State & Ors.
3-Civil Writ Petition No.2039/2010
Ishwar Prasad & Anr Versus State & Ors.
4-Civil Writ Petition No.2043/2010
Amar Chand Kumawat Versus State & Ors.
Pannalal Kumawar Versus State & Ors.
Hitesh Kr. Sharma Versus State & Ors. 7-Civil Writ Petition No.2734/2010 Bhagwant Lal Meena Versus State & Ors.
Dhan Prakash Sharma Versus State & Ors.
Date of Order ::: 03/03/10
Hon'ble Mr. Justice Ajay Rastogi
Sarva Shri Ram Pratap Saini, SR Choudhary, Hemant Kr. Sharma, Satish Kr. Saini, and Amit S.Shekhawat, for Petitioners : Mr. SN Kumawat, AAG and for respondent PSC Mr. Ganesh Meena, Govt. Counsel for respondents
Since all these petitions involve
common question, hence at joint request, were heard together and are being disposed of by present order.
Grievance of the petitioners is that that petitioners were engaged/appointed as Vidhyarthi Mitra on contract basis till the persons regularly selected by Rajasthan Public Service Commission (RPSC) and Departmental Promotion committee are made available. However, services of persons who were similarly situated while working as Vidhyarthi Mitra were terminated by respondents. Some of
CW 11070/09
//2//
the petitioners have raised their grievance that despite judgment dt.08/05/09 of the Court and directions issued by State Government, they have not been permitted to work/discharge duties as Vidhyarthi Mitra .
Counsel jointly submit that the issue raised in instant petitions has been examined by this Court vide judgment dt.15/02/2010 in Kokila Sharma & Ors. Vs. State (CWP-8969/2009 & cognate cases , wherein this Court took note of judgment dt.08/05/2009 in a bunch of 633 writ petitions (CWP-4652/2009 & cognate cases) and so also stay order dt.16/12/09 passed by Division Bench in SA(W)-1237/2009 & 525/2009, and finally observed ad infra:
“In the light of what has been observed in CWP-4652/2009 vide judgment dt.08/05/2009 alongwith directions quoted (supra), all these writ petitions as per Schedule A attached herewith stand disposed of; and the District Education Officer/concerned officer will also ensure that in the light of judgment (supra), the petitioners shall be permitted to join and discharge their duties as Vidhyarthi Mitra; however, it would be subject to afore quoted stay order and final outcome of special appeals (SA(W)-1237/09 & 525/2009 besides cognate appeals ) would be binding upon all the petitioners, as well. No costs.”
However, Government Counsel submit that necessary facts have not been made available
CW 11070/09 //3//
by the petitioners. But this fact could not have been controverted that the petitions relate to termination of persons having been engaged/appointed as Vidharthi Mitra on contract basis till persons regularly selected by RPSC & DPC are made available. As regards judgment (supra), it has not been disputed by Government Counsel about controversy being decided by the Court.
This Court has already taken note of directions issued by Department of Elementary Education Government of Rajasthan vide letter dt.11/08/09 permitting all such persons working as Vidhyarthi Mitra in present academic session but their continuance will be subject to final outcome of special appeals ( SA(W)-1237/2009 & 525/2009) preferred by the respondents State against judgment dt. 08/05/2009. Individual merit of writ petitioners has not been examined by this Court. In the light of what has been observed (supra) vide judgment dt.15/02/2010 in CWP8969/2009 (Kokila Sharma & Ors Vs. State & Ors ), instant writ petitions stand disposed of. No order as to costs.
( Ajay Rastogi), J.
K.Khatri/p3/
11070CW09-Mar3Dsp-Vidharthi-3rd-lot.doc
3 issues framed by the court
Whether the writ petitions regarding termination of Vidhyarthi Mitra appointed on contract basis stand disposed of based on prior judgments and stay orders.
The applicability of the judgment dated 08.05.2009 and Court order dt.08/05/2009 in CWP-4652/2009 and subsequent judgments in this case.
Whether the petitioners shall be permitted to join and discharge their duties as Vidhyarthi Mitra subject to stay orders.
Colour shows how this judgement treated each authority
Kokila Sharma & Ors. Vs. StateFollowed¶32
Kokila Sharma & Ors. Vs. State (CWP-8969/2009)
judgment dt.08/05/09 in a bunch of 633 writ petitions (CWP-4652/2009)Referred
SA(W)-1237/2009 & 525/2009Referred
1 provisions across 1 enactments
Sarita & (2) Ors
Ram Avtar Meena
Ishwar Prasad & Anr
Amar Chand Kumawat
Pannalal Kumawar
Hitesh Kr. Sharma
Ajay Rastogi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court