Honble MATHUR, J.—All these petitions for writ raise common legal question, thus, I propose to decide all these cases by one common judgment.

2. To regulate recruitment and other service conditions in the Rajasthan Prabodhak Service, the Government of Rajasthan, while exercising powers conferred by Section 102 of the Rajasthan Panchayati Raj Act, 1994, enacted the Rajasthan Panchayati Raj Prabodhak Service Rules, 2008 (hereinafter referred to as “the Rules of 2008”). An intention to fill in the existing vacancies of Prabodhaks was notified by the Government of Rajasthan on 31.5.2008. Accordingly, the process of recruitment was initiated in various Districts of the State. The eligibility for appointment as Prabodhaks under the rules of 2008 is as follows:-

“Senior Secondary School certificate or intermediate or its equivalent, with Diploma or certificate in basic teachers training of a duration of not less than two years of Diploma or certificate in elementary teachers training of a duration of not less than two years.

OR

Bachelor of Elementary Education (B.EI.Ed)

OR

Graduation with Bachelor of Education (B.Ed.) or its equivalent.

AND

Must have at least 5 years continuous teaching experience without any break in any recognized educational institution.”

3. The term “Teaching Experience”, as defined under Rule 2(k) of the Rules of 2008 also includes the experience gained in supervisory capacity in any recognized educational or project. Rule 13 of the Rules of 2008 deals with the age of recruitment to the Rajasthan Prabodhak Service and that reads as follows:-

“13.Age:-A candidate for direct recruitment to a post enumerated in the Schedule must have attained the age of 23 years and must not have attained the age of 35 years on the first day of January following the last date fixed for receipt of applications :

Provided--

(i) that the upper age limit mentioned above, shall be relaxed by 5 years in the case of male candidates belonging to the Scheduled Castes, Scheduled Tribes and the Other Backward Classes.

(ii) that the upper age limit mentioned above shall be relaxed by 5 years in case of women candidates belonging to General Category.

(iii) that the upper age limit mentioned above shall be relaxed by 10 years in the case of woman candidates belonging to the Scheduled Caste, Scheduled Tribes and the Other Backward Classes.

(iv) that the upper age limit mentioned above shall be 50 years in the case of Ex-Service Personnel and the reservists, namely the Defense Service Personnel who were transferred to the reserve.

(v) that the person serving under the educational project in the State viz. Rajiv Gandhi Pathshala / Shiksha Karmi Board / Lok Jumbish Pariyojana / Sarva Shiksha Abhiyan / District Primary Education Programme shall be deemed to be within age limit, had they been within the age limit when they were initially engaged even though they may have crossed the age limit at the time of direct recruitment.

(vi) that the upper age limit mentioned above shall be relaxed by a period equal to the service rendered in the NCC in the case of Cadet instructors and if the resultant age does not exceed the prescribed maximum age limit by more than three years, they shall be deemed to be within the prescribed age limit,

vii) that the Released Emergency Commissioned Officers and Short Service Commissioned Officers after release from the Army shall be deemed to be within the age limit even though they have crossed the age limit when they appear before the Committee had they been eligible as such at the time of their joining the Commission in the Army,

(viii) that there shall be no upper age limit in the case of widows and divorced women.”

4. The petitioners, in these petitions, are working as teachers with aided and non-aided recognised Educational Institutions. Their case is that for the purpose of consideration for appointment as Prabodhaks a teaching experience of five years is required and as per Rule 2(k) of the rules of 2008 that may be of any recognised ed

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