Citation : 2025 Latest Caselaw 11261 Raj
Judgement Date : 8 April, 2025
[2025:RJ-JD:18150]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1509/2015
Indrajeet Chhangani S/o Shri Jugal Kishore Chagani, aged 35
years, R/o T-132/B, Railway DS Colony, Jodhpur
----Petitioner
Versus
1. State of Rajasthan through the Secretary, Secondary
Education, Gr.-I, Government of Rajasthan, Jaipur.
2. District Education Officer, Secondary Education, Jodhpur.
3. District Education Officer, Elementary Education, Jodhpur.
4. the Government Girls Senior Secondary School, Heussion
Mandi, Jodhpur, through its Principal
----Respondents
For Petitioner(s) : Mr. Vikram Singh for
Mr. Tarun Joshi
For Respondent(s) : Mr. Mr. Kamlesh Sharma
Mr. Gourav Bang for
Mr. N.K. Mehta
HON'BLE MS. JUSTICE REKHA BORANA
Order
08/04/2025
1. The present writ petition has been filed for the following
reliefs:-
"(i) By an appropriate writ, direction or order, the respondents may be directed to regularize the services of petitioner in terms of judgment of Hon'ble Supreme Court in the case of Secretary, State of Karnataka Vs. Uma Devi reported in (2006) Vol.4 SCC page 1 and particularly in terms of para 53 of the judgment.
(ii) By an appropriate writ, direction or order, the respondents may further be directed to allow the petitioner to discharge his duties as Vidyarthi Mitra the post which he has been holding for more than ten years without any break and the respondents may be directed to give regular pay scale to the petitioner on the post of Vidyarthi Mitra.
[2025:RJ-JD:18150] (2 of 2) [CW-1509/2015]
(iii) Any other appropriate direction or order which this Hon'ble Court deems fit in the facts and circumstances of the case may kindly be granted.
(iv) Cost of this writ petition may kindly be awarded in favour of the petitioner."
2. As per the reply filed on behalf of the respondent-
department, the scheme of Vidyarthi Mitra itself was abolished by
the State Government in pursuance to the judgment passed by
this Court in Trilok Singh Vs. State & Ors; S.B. Civil Writ
Petition No.10339/2012 decided on 21.10.2013 whereby the
said scheme itself was declared unconstitutional. Therefore, the
services of the petitioner cannot be regularised.
3. In view of the specific reply as filed on behalf of the
respondent-department, the prayers as made on behalf of the
petitioner cannot be granted.
4. The writ petition is hence, dismissed.
5. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J 84-praveen/-
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