The essential qualifications must be possessed by a person as on the date of issuance of the notification or as specified in the rules, and only in the absence thereof, the qualification acquired till the last date of filing of the application would be the relevant date. The experience gained by a person holding the post of Teacher Grade-III governed by the subordinate services rules would not entitle them to be considered for promotion to the post of Head Master, as the posts are governed by separate sets of rules.

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 therefor in terms of Rajasthan Educational Service Rules, 1970 are as under: S. No Name of Post Method of recruitment with percentage Minimum qualification and experience for direct recruitment Post or posts from which promotion in to be made Minimum qualifications and experience required for promotion Maximum age limit for direct recruitment 1 2 3 4 5 6 7 [1a Headmasters , Sec. School for boys 50% by direct recruitment and 50% by promotion 1(a) Bachelor's degree or diploma in education (b) Experience of teaching High/Jr. HSS/Hr. Sec. Class for 5 years or experience of administrative charge of Middle Schools for 4 years and of teaching High/Jr. HSS/Hr. Sec. classes for 3 years OR Five years' experience on the posts of Teachers Grade II or above under any of the Sections C,D, E and F of the Schedule appended to the Rajasthan Educational Subordinate Service Rules, 1971] Note 1. Degree or Diploma referred to above shall be of a University established by Law in India or of foreign University recognised as equivalent hereto by the Government Note . Teaching in RTS/BSTC/Schools will be deemed as equivalent to teaching in High/Jr. Higher Sec./Hr. Sec. Classes. Teacher's in grade II in Section C, D, E and F of the Schedule appended 1.(a) Bachelors Degree with a degree or diploma in Education (b) Experience of teaching High/Jr. Hr. Sec./Higher Sec./classes for 5 years or experience of Administrative charge of Middle Schools for 4 years and of teaching High/Jr. Hr. Sec./Hr. Sec. classes for 3 years OR Qualifications prescribed in 1(a) of column 4 and should have been exempted by the Board of Sec. Education, Rajasthan from possessing of qualifications prescribed in sub-rule (1) (b) in regard to the number of years 33 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 thereagainst 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 l