Important Point:
Passing out that examination itself cannot be equated with the experience as required in the impugned Rule

R. Subhash Reddy, J.

1. This Special Civil Application is filed seeking prayers which read as under:-

"(A) Declare and hold that Rule 4(b)(3)(ii) of the Head Teacher, Class-III, in the Directorate of Primary Education District Primary Education Committees and Municipal Primary Education Committee Recruitment Rules, 2016, Annexure-A to this petition, so far as it excludes the experience of working as a Block Resource Persons at the Block Resource Center, is absolutely illegal, arbitrary, discriminatory, irrational and unconstitutional, and

(B) Further be pleased to direct the respondent authorities to include the experience of working as Block Resource Person at Block Resource Center in Rule 4(b)(3)(ii) of above the referred Rules, by appropriately modifying or amending the said Recruitment Rules, or in the alternative

(C) Direct the respondent authority to consider the experience of the petitioners of working on the post of Block Resource Person at Block Resource Center for recruitment on the post of Head Teacher Class - III, and

(D) Pending admission and final disposal of this petition the Honourable Court may be pleased to stay the recruitment process for appointment on the post of Head Teacher Class-III pursuant to the advertisement dated 22.1.2016, Annexure-E to this petition, and

(E) Pending admission and final disposal of this petition the Honourable Court may be pleased to direct the respondent authorities to consider the case of petitioners for direct recruitment on the post of Head Teacher, Class-III, and

(F) Pending admission and final disposal of this petition the Honourable Court may be pleased to direct the respondent authorities to accept the application forms of the petitioners physically for appointment on the post of Head Teacher, Class-III and further be pleased to direct the respondent authorities to permit the petitioners of participate in the recruitment process for appointment on the said post, and

(G) Pending admission and final disposal of this petition the Honourable Court may be pleased to direct the respondent authorities to keep vacant three posts of Head Teacher, Class-III, pursuant to the advertisement dated 22.1.2017, Annexure-E to this petition, and

(H) Award the cost of this petition, and

(I) Grant any other relief or pass any other order which the Honourable Court may consider as just and proper in the facts and circumstances of the case."

2. 1st respondent - State has framed Recruitment Rules regulating to the post of Head Teachers Class III in the subordinate services of the Directorate of Primary Education and the District Primary Education Committee or Municipal Primary Education Committees in exercise of powers conferred by Sub-section (3) of Section 23 of the Gujarat Primary Education Act, 1947, vide notification dated 22.09.2016.

3. Eligibility criteria for direct recruitment to the post of Head Teacher Class - III is prescribed under Rule 4 of the Directorate of Primary Education, District Primary Education Committees and Municipal Primary Education Committee Recruitment Rules, 2016 (hereafter referred as "the Rules, 2016"). Apart from eligibility criteria notified, experience is one of the criterion mentioned in the Rule 4(b)3(ii) of the Rules, 2016. Said Rule reads as under:-"

(ii) Have about five years' separate or combined experience of teaching as a Teacher or Vidhya Sahayak, Shikshan Sahayak, Adhyapak Sahayak, Junior Lecturer, Senior Lecturer in Government or Grant-in-Aid or Non-Grant-in-Aid Private Lower Primary School or Upper Primary School or Secondary Education School or Higher Secondary Education School or Primary Education Adhyapan Mandir or District Institute of Education and Training (DIET)".

4. Experience notified in the said Rule is mainly subject matter of challenge in this petition.

5. The petitioners are presently working as Block Resource Persons at the Block Resource Center (BRC) established under the Sarva Shiksha Abhiyan, a scheme of Government of India. Said scheme