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2005 Supreme(Raj) 25

N.N.MATHUR, N.K.JAIN
Richhpal Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
M. Mridul, Senior Advocate with Suchita Bachhawat, P.P. Chaudhary with Amit Dave, M.S. Singhvi, Vijay Bishnoi, Pradeep Shah, P.S. Bhati, R.S. Saluja, I.R. Choudhary, N.R. Choudhary, H.S. Sandhu, R.N. Upadhyaya, H.S. Sidhu, Kuldeep Mathur, M.A. Siddiqui, P

Honble MATHUR, J.–Thousands of teachers by way of instant bunch of writ petitions, as mentioned in Schedule appended to each petition, have challenged the Constitutional validity of the Rajasthan Panchayati Raj (Amendment) Ordinance, 2004 and Rajasthan Panchayati Raj (Amendment) Rules, 2004 providing for selection of Teachers Gr.III by the Public Service Commission and have prayed for restoring the autonomy to the Panchayati Raj Institutions in the matter of selection & appointment of primary school teachers. Petitioner-teachers have also prayed for restoration of the Notification dated 14.7.2003 providing to fill-up the posts of Teacher Gr.III to the extent of 75% from Para Teachers/Shiksha Sahyogi and 25% from the open market. It is further prayed that their services be regularized as Teacher Gr.III, who have been in continuous service for a considerable time as Para Teacher/Shiksha Sahyogi.

BACKGROUND FACTS:

(2). The factual matrix in juxtaposition with the relevant rules may be set out in detail because the very narration of chronology of events would illumine the contours of controversy.

(3). The Cadre of Teachers Gr.III in the State of Rajasthan is divided in two categories viz;

































































































































































































































































































































































































































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