JUDGMENT

S.B. SINHA, J.

1.Leave granted.

2. Respondents herein were Laboratory Assistants in the Government High Schools. They were appointed on or about 24.1.1992 to the said posts. They worked in the post of Teacher Grade-III from 13.10.1997.

3.The Rajasthan Public Service Commission (for short as" Commission") issued an advertisement on or about 7.3.2002 for the posts of Headmaster of Secondary Schools. The minimum qualification and other conditions laid down there for in terms of Rajasthan Educational Service Rules, 1970 are as under:

S. Name of Post Method of Minimum qualification Post or Minimum Maximum

Norecruitment and experience for posts from qualifications age limit for

with direct recruitment which and experience direct

percentage promotion required for recruitment

in to be promotion

made

1234567

[1a Headmasters, 50% by1(a) Bachelors degree Teachers1.(a) Bachelors33 years

Sec. School direct or diploma in education in grade IIDegree with a

for boys recruitment (b) Experience of in Section degree or

and 50% teaching High/Jr. C, D, Ediploma in

by HSS/Hr. Sec. Class forand F ofEducation

promotion5 years or experiencethe(b) Experience

of administrativeScheduleof teaching

charge of Middle appendedHigh/Jr. Hr.

Schools for 4 years Sec./Higher

and of teaching Sec./classes for

High/Jr. HSS/Hr.Sec. 5 years or

classes for 3yearsexperience of

ORAdministrative

Five years experience charge of

on the posts of Middle Schools

Teachers Grade II or for 4 years and

above under any of the of teaching

Sections C,D, E and F High/Jr. Hr.

of the Schedule Sec./Hr. Sec.

appended to the classes for 3

Rajasthan Educational years

Subordinate Service OR

Rules, 1971]Qualifications

Note 1. Degree or prescribed in

Diploma referred to 1(a) of column

above shall be of a 4 and should

University established have been

by Law in India or of exempted by

foreign University the Board of

recognised as Sec. Education,

equivalent hereto by Rajasthan from

the Governmentpossessing of

Note 2. Teaching in qualifications

RTS/BSTC/Schools prescribed in

will be deemed as sub-rule (1) (b)

equivalent to teaching in regard to the

in High/Jr. Higher number of

Sec./Hr. Sec. Classes.years

4.Inter alia on the premise that the respondents did not fulfil the requisite eligibility criteria contained in the said rules, their cases for recruitment to the posts of Headmaster of the secondary schools were not considered by the Commission.

5.Indisputably, in terms of the said Rules, 50% of the post of Head Master were to be filled up by direct recruitment; whereas the rest 50% by promotion.

6.Respondents filed a writ petition praying inter alia for issuance of a writ of or in the nature of mandamus directing the Commission to call them for interview for consideration of their appointments to the said posts pursuant to the aforementioned advertisement dated 7.3.2002 having regard to their experience as Laboratory Assistants. A learned Single Judge of the High Court by a Judgment and Order dated 17.12.2003 relying on or on the basis of an earlier decision of a coordinate Bench of the said Court in Smt. Manjulata Vs. RPSC & Anr. SBCWP No. 421/1997 disposed on 24.1.1997,dismissed the said petition. Intra court appeals were preferred the reagainst and by reason of the impugned judgment, the Division Bench following another Division Bench judgment rendered in State of Rajasthan v Manmohar Singh & Ors. [ 2003 (1) CDR 839], allowed the same.

7.The State of Rajasthan and Rajasthan Public Service Commission are thus, before us.

8.The only question which arises for consideration in these appeals is as to whether the High Court was correct in opining that the experience gained by the respondents while working as Laboratory Assistants or Teacher Grade-III satisfies the requirements laid down in the said advertisement dated 7.3.2002.

9.The services of the teachers working in the schools in the State of Rajasthan are governed by the Rajasthan Educational Service Rules, 1970and