V.M. Pancholi, J.

1. As the facts and question of law are identical in all these petitions, the same are being disposed off by this common judgment. However, for the sake of convenience, the facts of Special Civil Application No. 1584 of 2017 are narrated in this judgment.

2. This petition is filed under Article 226 of the Constitution of India, wherein the petitioners have prayed for the following reliefs:

"15(a) to direct the respondents, their agents and servants to accept the petitioners' applications for the post of Head Teachers notified in the Advertisement dtd.22-1-2017 as per Annexure-A and to consider the same for selection and to give appointments to them as per their merit, with all the consequential benefits.

(b) to hold and declare and direct that the teaching experience of the petitioners of teaching in B.Ed.colleges is valid for the purpose of selection and appointment as Head-Teachers for the vacancies notified in the Advertisement dtd.22-1-2017 as per Annexure-A and the respondents are duty bound to give appointments to the petitioners as per their merit, with all the consequential benefits.

(c) to hold and declare and direct that the impugned action of the respondents in not treating the teaching experience of the petitioners of teaching in B.Ed.colleges as valid for the purpose of selection and appointment as Head-Teachers for the vacancies notified in the Advertisement dtd.22-1-2017 as per Annexure-A is bad in law, null and void and violative of Articles 14, 16, 19 and 21 of the Constitution of India;

(d) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION, BE PLEASED to stay the Advertisement dtd.22-1-2017 for the posts of Head-Teachers as per Annexure-A;

(e) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION, BE PLEASED to direct the respondents, their agents and servants to accept On-line and/or physically, the petitioners' applications for the posts of Head-Teachers notified in the Advertisement dated 22-1-2017 as per Annexure-A, and to consider the same on merit by treating the petitioners' teaching experience of B.Ed.colleges as valid, subject to further orders of the Hon'ble Court.

(f) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION, BE PLEASED to direct the respondents, their agents and servants to keep 10 posts vacant for the petitioners out of the vacancies of Head-Teachers notified in the Advertisement dtd.22-1-2017 as per Annexure-A;

(g) to grant any appropriate and just relief’s;"

3. By way of amendment, the petitioners have prayed for the following reliefs:

"15(h) to quash and set aside the impugned 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 as per Annexure-H in so far as and to the extent that it is providing for all types of teaching experience, namely, in Lower Primary Schools, Upper Primary Schools, Secondary Education School, Higher Secondary Education School, Primary Education Adhyapan Mandir (i.e. PTC College) or District Institute of Education and Training (DIET), but it does not provide for the teaching experience in B.Ed.college;

OR IN THE ALTERNATIVE

15(i) to read down the impugned 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 as per Annexure-H by holding that the said Rule includes the teaching experience of B.Ed.colleges as if it is incorporated in the said Rule as valid experience for the purpose of Recruitment of Head Teachers."

4. The petition was listed for hearing before the learned Single Judge. The learned Single Judge by, an interim order dated 2.2.2017, issued notice for final disposal and thereby the direction was given to the respondents to permit the petitioners to apply in response to the advertisement dated 22.1.2017 by considering the teaching experience of th