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2013 Supreme(Raj) 1956

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Sangeet Lodha, J.
Tilok Singh and 89 Others - Appellant
Versus
State of Rajasthan and Others - Respondent
S.B.Civil Writ Petition No. 10339 of 2012 and 89.
Decided On : 21-10-2013

For the Petitioner:Mr. R.S. Saluja, Dr. Pushpendra Singh Bhati, Dr. Nupur Bhati, Miss Pintu Pareek, Mr. Amit Dave, Mr. Rajendra Kataria, Mr. T.S. Rathore, Mr. H.S. Sindhu, Mr. R.S. Choudhary, Mr. Arjun Purohit, Mr. J.S. Bhaleria, Mr. A.K. Choudhary, Mr. M.S. Godara, Mr. V.R. Choudhary, Mr. S.S. Gour, Mr. Gopal Acharya, Mr. Narpat Singh, Mr. P.S. Chundawat, Mr. Shreekant Verma, Mr. Ramesh Purohit, Mr. A.R. Godara, Mr. Sabir Khan, Mr. R.K. Bhardwaj, Mr. Mohit Vyas, Mr. P.R. Mehta, Mr. K.L. Chouhan, Mr. Sunil Ranwha, Mr. Bharat Singh, Mr. Sukhesh Bhati, Mr. Vinit Sanadhya, Mr. Ramdev Potalia, Mr. Ravindra Singh, Mr. Deepak Nehra, Mr. Bharat Devasi, Mr. G.S. Rathore, Mr. RDSS Kharlia, Mr. K.C. Choudhary, Mr. H.R.Chawala, Mr. R.C.Joshi, Mr. Rakesh Matoria, Mr. R.P. Singaria, Mr. N.R. Budania, Mr. Surendra Bagmalani, Mr. Balvindra Singh, Mr. Rameshwar Dave, Mr. Dinesh Bishnoi, Mr. Awar Dan Ujjawal, Mr. Bhupendra Singh, Mr. Bhanwar Singh, Mr. A.D.Charan, Mr. R.P. Singari, Mr. Mahaveer Bishnoi, Mr. Sudhir Saruparia, Advocates.
For the Respondent:Mr. R.L. Jangid, AAG assisted by Mr. Rishabh Tayal, Dr. G.R. Kalla, with Ms. Meenu Purohit, Mr. D.K. Joshi, AGC, Advocates.

The Scheme framed by the State Government for engagement of Vidhyarthi Mitra on contractual basis is illegal and unconstitutional as it bypasses the regular recruitment process and violates the eligibility criteria laid down by the NCTE and the provisions of the Right of Children to Free and Compulsory Education Act, 2009.

Headnote:
VIDHYARTHI MITRA SCHEME - RAJASTHAN EDUCATIONAL SERVICE RULES, 1970 - RAJASTHAN EDUCATIONAL SUBORDINATE SERVICES RULES, 1971 - RAJASTHAN PANCHAYATI RAJ RULES, 1996 - RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009 - NATIONAL COUNCIL FOR TEACHER EDUCATION (DETERMINATION OF MINIMUM QUALIFICATION FOR RECRUITMENT OF TEACHERS IN SCHOOLS) REGULATIONS, 2001 - RAJASTHAN (REGULATION OF APPOINTMENTS TO PUBLIC SERVICES AND RATIONALISATION OF STAFF) ACT, 1999 - RAJASTHAN VARIOUS SERVICE (FOURTH AMENDMENT) RULES, 2008 - CONSTITUTION OF INDIA, ARTICLES 14, 21, 21A - The Vidhyarthi Mitra Scheme introduced by the State Government for engagement of 'Vidhyarthi Mitra' on contractual basis on fixed honorarium against the posts of Teachers Gr.III, Senior Teachers and School Lecturers is declared illegal and unconstitutional.
Fact of the Case:

The petitioners, who were employed as Vidhyarthi Mitra under the Vidhyarthi Mitra Scheme framed by the State Government, were posted to discharge the duties of the post of Teachers in various Government Schools till the availability of regularly selected candidates. They challenged the action of the respondents in terminating their services or refusing to continue them in service or against non-consideration of their candidature for reemployment against the vacant posts or against the action of the State Government in insisting upon them for execution of the fresh agreement and/or denying the payment of salary for the period they had worked on the posts.
Finding of the Court:

1. The Scheme framed by the State Government for engagement of Vidhyarthi Mitra on fixed honorarium till the availability of regularly selected Teachers itself is questioned before this court. 2. The arrangements made for engagement of Vidhyarthi Mitra for short duration till the availability of duly selected candidates continued for years together and thus, persons even not holding the requisite qualification for recruitment to the post of School Lecturers, Senior Teachers and Teachers Gr.III continue to teach the children of tender age studying in the State run schools and the regular vacancies in the cadre were not filled in by way of regular recruitment process. 3. The Vidhyarthi Mitra Scheme introduced by the State Government providing for the engagement of even unqualified/untrained persons as Vidhyarthi Mitra for their posting against the posts of Teacher Gr.III, Senior Teacher and School Lecturer dehors the relevant recruitment Rules and the eligibility criteria laid down by the NCTE exercising the power under the relevant statute, the provisions of the Act of 2009, and against the constitutional scheme of public employment, cannot but deemed to be illegal, arbitrary and falls foul of Article 14, 21 & 21A of the Constitution of India.
Issues: 1. Whether the Vidhyarthi Mitra Scheme introduced by the State Government is legal and constitutional? 2. Whether the petitioners are entitled to continuance in employment under the Vidhyarthi Mitra Scheme? 3. Whether the petitioners are entitled to payment of honorarium for the period they have worked as Vidhyarthi Mitra?
Ratio Decidendi: 1. The Scheme framed by the State Government for engagement of Vidhyarthi Mitra on contractual basis is illegal and unconstitutional as it bypasses the regular recruitment process and violates the eligibility criteria laid down by the NCTE and the provisions of the Right of Children to Free and Compulsory Education Act, 2009. 2. The petitioners are not entitled to continuance in employment under the Vidhyarthi Mitra Scheme as the Scheme itself is illegal and unconstitutional. 3. The petitioners are entitled to payment of honorarium for the period they have worked as Vidhyarthi Mitra as the State Government cannot be permitted to deny the payment due to them for the period they have discharged the duties against the posts of Teachers as Vidhyarthi Mitra in various schools run by the State.
Final Decision: The writ petition No. 8154/10 is allowed. The writ petitions preferred by the petitioners assailing their termination from service, claiming continuance/re - employment as Vidhyarthi Mitra and against the insistence of the Government for execution of the fresh contract, are dismissed. The Vidhyarthi Mitra Scheme introduced by the State Government for engagement of 'Vidhyarthi Mitra' on contractual basis on fixed honorarium against the posts of Teachers Gr.III, Senior Teachers and School Lecturers is declared illegal and unconstitutional. The respondents are restrained from engaging the Vidhyarthi Mitra under the Vidhyarthi Mitra Scheme against the posts of Teachers Gr.III, Senior Teachers and School Lecturers. The respondents are directed to proceed with the recruitment process to fill in all the vacant posts of Teachers and School Lecturers in various services/cadres forthwith and complete the process as early as possible, in any case, within a period of six months from the date of receipt of certified copy of this order. The petitioners who have not been paid honorarium for the period they had worked with the respondents as Vidhyarthi Mitra, shall be paid the amount due within a period of two months from the date of receipt of certified copy of this order.

JUDGMENT

1. - These writ petitions (except the writ petition No. 8154/10) are preferred by the petitioners, who were employed as Vidhyarthi Mitra under Vidhyarthi Mitra Scheme (for short "the Scheme") framed by the State Government and were posted to discharge the duties of the post of Teachers in various Government Schools till the availability of regularly selected candidates, aggrieved by the action of the respondents in terminating their services or refusing to continue them in service or against non consideration of their candidature for reemployment against the vacant posts or against the action of the State Government in insisting upon them for execution of the fresh agreement and/or denying the payment of salary for the period they had worked on the posts.

2. The writ petition No. 8154/10 has been preferred by the petitioners who are holding the requisite qualification for recruitment to the posts of Teachers, assailing the validity of the Scheme introduced by the State Government and the action of the Government in not filling in the posts of Teachers lying vacant for years together in various Schools run by the State Government, by way of regular selection in accordance with the relevant recruitment Rules and instead continuing Vidhyarthi Mitra in service against the vacant posts of Teachers in different grades dehors the relevant recruitment Rules.

3. Since the Scheme framed by the Government for engagement of Vidhyarthi Mitra on fixed honorarium till the availability of regularly selected Teachers itself is questioned before this court, therefore, all these matters were heard together and are being disposed of by this common order.

4. The relevant facts are that keeping in view the possible delay in duly selected candidates being made available by Rajasthan Public Service Commission (RPSC) for filling in large number of vacancies of the posts of School Lecturers and Senior Teachers, the State Government vide order dated 7.9.06 floated the Scheme for engaging Vidhyarthi Mitra on contract basis for a fixed term and on fixed honorarium, till the availability of duly selected Teachers. As per the Scheme, the persons to be engaged as Vidhyarthi Mitra against 1407 posts of School Lecturers were to be paid fixed honorarium Rs. 4,000/- whereas, the persons to be engaged against the vacant posts of Senior Teachers were to be paid fixed honorarium Rs. 3,000/- per month. Later, the Scheme framed as aforesaid was extended for engaging Vidhyarthi Mitra against the vacant posts of Teacher Gr.III as well. It was specified that the persons possessing the requisite educational qualification and training shall be given preference, however, in case of non availability the persons holding the requisite educational qualification may also be engaged as Vidhyarthi Mitra till 28.2.07. Vide yet another order dated 30.11.06, it was directed that in case of non availability of qualified candidates for teaching the students of classes of Secondary and Senior Secondary, the degree holder can be engaged as Vidhyarthi Mitra against the posts of Lecturers/Senior Teachers and the persons holding the qualification of Senior Secondary against the posts of Teachers Gr.III. The Scheme was framed by the State Government by issuing just an executive fiat and does not have any statutory force.

5. The arrangements made for engagement of Vidhyarthi Mitra for short duration till the availability of duly selected candidates continued for years together and thus, persons even not holding the requisite qualification for recruitment to the post of School Lecturers, Senior Teachers and Teachers Gr.III continue to teach the children of tender age studying in the State run schools and the regular vacancies in the cadre were not filled in by way of regular recruitment process.

6. Later when, the the services of Vidhyarthi Mitras engaged on contractual basis as aforesaid, were terminated, a number of writ petitions assailing the termination and claiming continuance in se

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2013 Supreme(Raj) 1956

RAJASTHAN HIGH COURT AT JAIPUR BENCHSangeet Lodha, J.Tilok Singh and 89 Others - AppellantVersusState of Rajasthan and Others - RespondentS.B.Civil Writ Petition No. 10339 of 2012 and 89.Decided On : 21-10-2013

Cases Referred (5)

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RAJASTHAN HIGH COURT AT JAIPUR BENCH
Sangeet Lodha, J.
Tilok Singh and 89 Others - Appellant
Versus
State of Rajasthan and Others - Respondent
S.B.Civil Writ Petition No. 10339 of 2012 and 89.
Decided On : 21-10-2013