GOPAL KRISHAN VYAS, J.

The aforesaid writ petitions are filed by the employees who were working in the schools/institutions, which were in receipt of grant-in-aid prior to promulgation of Rajasthan Voluntary Rural Education Service Rules, 2010 (for brevity, hereinafter referred to as ‘Rules of 2010’).

2. Succinctly stated, the facts of the case are that in the year a decision was taken by the State Government to stop aid of education institution, and to make appointments of the employees working in the recognized Non-Govt. Aided Education Institutions against the aided/sanctioned post in the Government in the rural area of the State in exercise of power conferred by the proviso to Article 309 of the Constitution of India, Rules of 2010 were promulgated to regulate the appointments and other service conditions of employees appointed under the Rules of 2010. In all the petition common question is involved, therefore, we are taking facts of the case from D.B. Civil Writ Petition No. 7568/2012 - Raj. Samayojit Shiksha Karmi Welfare Society v. The State of Rajasthan.

3. In the writ petitions, the petitioner has prayed for following relief’s:-

“(i) By an appropriate writ, order or direction, the Rule 5(ii), (iii)(v) and (ix) may kindly be declared illegal and be struck down after declaring them as ultra vires of the constitution of India

(ii) By an appropriate writ, order or direction, the Rule 5(iv) may kindly be declared illegal and ultra vires of the constitution of India to the extent that it denies any right to be considered for promotion till the absorbed employees attains their age of superannuation and respondents be directed to consider the cases of the employees of the aided institutions for absorption with the State of Rajasthan for promotion to the higher post with all consequential benefits.

(iii) By an appropriate writ, order or direction, the benefit accruing to a government servant under Rajasthan Civil Service Rules, 1951 and Rajasthan Civil Services (Pension) Rules, 1996 be made applicable and implemented to all the absorbed employee under the Rules of 2010 with all consequential benefits.

(iv) By an appropriate writ, order or direction, the respondents be directed to count the previous services rendered by the persons in Non-Government Educational Aided Institutions after being absorbed under the Rules of 2010 for the purpose of Pension and other retiral benefits, with all consequential benefits.

(v) By an appropriate writ, order or direction, the condition mentioned in the option form (Form No. 1) under the Rules of 2010 with regard to not claiming for promotion etc. and other conditions mentioned in the rules for which the undertaking has been given in the option, may be declared illegal and be quashed and it may be declared that these conditions are inoperative qua the members of the petitioner society.

(vi) Any other appropriate order or direction which this Hon'ble Court may deem fit just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

(vii) Costs of the writ petition may kindly be awarded to the petitioner.”

4. Under the Rules of 2010, following procedure was prescribed for appointment under Rule 4 of the Rules :

“Rule. 4-Procedure of appointment in government service.-(1) Such regularly appointed employees in the Non-Government Aided Educational Institutions who are working against sanctioned and aided post on the date of commencement of these rules and who desire to be appointed under the Rajasthan Voluntary Rural Educational Service Rules, 2010, in accordance with the terms and conditions mentioned in these rules, shall submit within 15 days from the date of publication of these rules in the official gazette an application in Form-II, to the Secretary of the concerned institution mentioning therein his/her service particulars with an advance copy t