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2004 DIGILAW 417 (RAJ)

Moda Ram v. State of Rajasthan

2004-03-17

K.K.ACHARYA, RAJESH BALIA

body2004
JUDGMENT 1. - This appeal is barred by one day and accompanied by an 1 application u/s 5 of the Limitation Act. In the facts and circumstances, the delay in filing the appeal is condoned. The appeal is heard on merit. 2. The petitioner-appellants sought a mandamus through Writ Petition No. 6071/2003 that the appellants be regularised as regular Teachers under the Panchayat Samiti, who have been appointed Para-Teachers under the Rajeev Gandhi Swarn Jayanti Pathshala at different villages. The foundation of this claim to regularisation is that an assurance was given by the erstwhile Chief Minister that all the Para Teachers shall be regularised. 3. The learned Single Judge has dismissed the writ petition that there is no material to show that any such assurer assurance was given by Chief Minister. 4. In this appeal the same contention has been raised and it is stated that the large number of persons are there who have been appointed in the same manner: 5. Apparently, the appellants are seeking a mandamus that their recruitment be regularised on the post which is otherwise governed by set of rules for recruitment without undergoing the recruitment process because of the ad hoc appointment made in the respective Rajeev Gandhi Swam Jayariti Pathshala where the Para Teachers were appointed with or without necessary qualifications as required for Teachers under the rules for regular recruitment 6. The petitioner seeks to claim relief on the premise of promissory estoppel. 7. As a matter of fact, in furtherance of the assurance alleged to have beers given by the Chief Minister, an attempt was made to make a room for offering thorn regular appointments to those persons who were appointed as s Para Teachers by amending the rules framed under the Rajasthan Panchayati Raj Act. By notification dated 14th July, 2003, the Rajasthan Panchayati Raj (Third Amendment) Rules, 2003 were framed in exercise of powers conferred under Article 309. Curiously, the information about the rules has been endorsed to the Private Secretary of Chief Minister and Private Secretary to la Minister Panchayati Raj. 8. Prior to this amendment. the recruitment of the Teachers was to be by way of 100% direct recruitment. Curiously, the information about the rules has been endorsed to the Private Secretary of Chief Minister and Private Secretary to la Minister Panchayati Raj. 8. Prior to this amendment. the recruitment of the Teachers was to be by way of 100% direct recruitment. That provision was substituted by the expression 100% by direct recruitment out of which 75% from persons having four years experience as Para Teacher/Shiksha Sahayogi under schemes notified by the State Government and remaining 25% from other candidates". it may be notified that the minimum required eligibility is Senior Secondary under New (10+2) Scheme or Higher Secondary under old scheme from Rajasthan Board of Secondary Education or equivalent and Secondary School certificate from Rajasthan Board of Secondary Education on equivalent with subjects, three of them shall be Mathematics, English and Hindi and BSIC Course. It was also ordained that in case the suitable candidates are not available for posts to be filled in from Pain Teachers Shiksha Sahayogis then these posts shall be filled 'torn other candidates. 9. Apparently, the claim, which was put-forth for absorbing the Para as Teachers, was to give them a chance for open market competition amongst themselves subject to fulfilment of other requisite eligibility criterion plus four mars experience. However, no blanket regularisation was envisaged merely on the basis of long service, even under the said amendments, so as to seek a mandamus thereunder. 10. We are informed by the learned counsel for the appellants that subsequent to that, the aforesaid amended rules have been repealed and the position is reverted back to that the recruitment of Teachers under the Panchayati Raj Institutions is by 100% direct recruitment. 11. Apparently, in these circumstances the regularisation of Para Teachers merely on the basis of their services at different schools would be opening room for substituting the regular method of recruitment in the cadre of Teachers under the Panchayati Raj Institutions by making room for appointments made de-hors the rules by regularisation of service of those ho have not been regularly recruited in the service and virtually leaving a large number of candidates waiting in queue for the opening of employment -icier the rules through open market and legitimately expected the equality the matter of employment as guaranteed under Article 16. 12. The sort of mandamus claimed for wholesale regularisation of Para Teachers apparently Is not warranted. 12. The sort of mandamus claimed for wholesale regularisation of Para Teachers apparently Is not warranted. We are in agreement with the learned Single Judge that this petition does not deserve consideration. 13. The appeal fails and is hereby dismissed.Appeal Dismissed. *******