JUDGMENT 1. - The petitioner, a Tabla Player and recipient of the highest national award in 'Tabla Vadan', has approached this court with following prayer: (i) orders dated October 3, 1994 and October 6, 1994 be declared illegal, unjust and malafide; (ii) Respondents be directed to allow the petitioner to resume his duties in Rajasthan Sangeet Sansthan Jaipur. (iii) Respondents be directed to release the salary of the petitioner due from June 27, 1994 onwards and to grant selection grade pursuant to circular dated January 25, 1992 with all consequential benefits. (iv) Respondents be directed to frame appropriate scheme/reply to regulate the services of Music Teachers in order to prevent their transfers to those institutions where subjects of music are not taught; and (v) Respondents be restrained from transferring the petitioner from Rajasthan Sangeet Sansthan. 2. The contextual facts depict that the petitioner came to be appointed as Tabla Teacher in the trained second grade vide order dated October 22, 1974 issued by the joint Director Education Department in Rajasthan Sangeet Sansthan Jaipur (for short Sangeet Sansthan). Thereafter vide order dated June 5, 1984 the petitioner was confirmed on the said post with effect from October 22, 1976. The petitioner was sent on deputation to Afganistan for a period of two years by the Ministry of External Affairs Govt. of India and was relieved in September 1984 from Sangeet Sansthan. After completion of the period of deputation the petitioner returned to India and resumed his duties in Sangeet Sansthan in the end of September 1986. The petitioner was again sent on deputation to Surinam, a South American Country for three years and was relieved from Sangeet Sansthan on June 7, 1991. After completion of the period of deputation the petitioner came back and resumed his duties in Sangeet Sansthan on June 27, 1994. 3. The Joint Director College Education Jaipur vide its order dated October 3, 1994 repatriated the petitioner to his parent department of Deputy Director, Primary and Secondary Education Ajmer Zone Jaipur in pursuance to the decision dated October 21, 1981 of the Governing Council constituted for Rajasthan Sangeet Sansthan Jaipur. Thereafter the Principal Rajasthan Sangeet Sansthan Jaipur vide order dated October 6, 1994 directed the petitioner to appear before the Deputy Director Primary and Secondary Education Ajmer Zone, Jaipur and relieved the petitioner. Thereafter the Principal Rajasthan Sangeet Sansthan Jaipur vide order dated October 6, 1994 directed the petitioner to appear before the Deputy Director Primary and Secondary Education Ajmer Zone, Jaipur and relieved the petitioner. These orders dated October 3, 1994 (Annexure-7) and October 6, 1994 (Annexure- 6) have been assailed by the petitioner in the instant writ petition being malafide and arbitrary. Other reliefs as indicated above, have also been sought. 4. The respondents in their reply averred that Sangeet Sansthan was separated from the Directorate of Primary and Secondary Education in the year 1980 and handed over under College Education. A policy decision was taken by the State Government in respect of converting the Sansthan into College and for this purpose Governing Council was constituted. The decision for repatriating the petitioner was taken by the Governing Council on October 20, 1981 but it could not be communicated to the petitioner as he at that time was out of the Country. Benefit of selection grade could not be given to the petitioner as he was not available in the country. The petitioner does not possess the requisite qualifications prescribed by the U.G.C. under the Rajasthan Education (Collegiate Branch) Service Rules, 1971 (for short Rules 1971), therefore he can not be absorbed as College Lecturer in the Sansthan. Objection in respect of maintainability of the writ petition was also raised by the respondents. 5. I have reflected over the rival submissions and carefully scanned the material on record. 6. Undisputedly the initial appointment of the petitioner was made in the Sangeet Sansthan and he was confirmed as Teacher Grade II in Tabla Vadan w.e.f. October 22, 1976. It appears from the reply of the respondents that though Sangeet Sansthan was taken over by College Education Directorate in the year 1980 but Sansthan was not upgraded as College. The decision taken by the Governing Council on October 20, 1981 to repatriate the petitioner was not implemented though the petitioner was very much in the country till September 1984. Even from Afganistan the petitioner came back in 1986 and worked in the Sansthan till 1991 and thereafter he had gone to Surinam but again the decision of the council was not communicated to the petitioner. Thus the contention of the respondents that the decision of the council was not implemented as the petitioner was out of the country is devoid of any substance. 7. Thus the contention of the respondents that the decision of the council was not implemented as the petitioner was out of the country is devoid of any substance. 7. A further look at the reply demonstrates that the fact that post of teacher grade II of Tabla Vadan exists only in Sangeet Sansthan, has not been denied by the respondents. The petitioner possesses degree of Sangeet Alankar awarded by Gandharv Maha Vidyalya Bombay. In view of the fact that Sangeet Sansthan has not been upgraded as College and post of Teacher Grade II of Tabla Vadan only exits in the Sangeet Sansthan, the decision taken by the Governing Council in the year 1981 and its implementation in 1994 after 13 years is far from just and reasonable. Act of the respondents in denying the salary and selection grade to the petitioner is also highly unjustified. More pragmatic and rational approach was expected from the respondents in a situation of this nature and they could have spared a renowned Tabla Player of the country from approaching the court. 8. Mr. Mathur, learned counsel appearing for the respondents failed to satisfy me as to how the Rules of 1971 are applicable to Sangeet Sansthan, which has not been upgraded as College. 9. As a result of the foregoing discussion, I quash the orders dated October 3, 1994 (Annexure-7) and October 6, 1994 (Annexure-6) and direct the respondents to allow the petitioner to work as Tabla Teacher in Sangeet Sansthan. Respondents are also directed to release the due salary of the petitioner and to grant him selection scale pursuant to circular dated January 25, 1992 further preferably within two months of the date of receipt of this order. Respondent State of Rajasthan is expected to frame appropriate scheme to regulate the services of the Music Teachers in order to achieve the maximum utility of their talent. 10. The writ petition stands allowed as indicated above with costs.Petition allowed. *******