[Citation : 2009(2) RLW 1241 (Raj.)]
(Rajasthan High Court)
Jaipur Bench
Priti Dixit (Smt.) Vs. State of Raj. & Ors. (Rathore, J.)
HON BLE K.S. RATHORE, J.
Priti Dixit (Smt.)
Versus
State of Rajasthan & Ors.
S.B. Civil Writ Petition No. 5951 of 2008 Along with 1066 Connected Writ Petitions, decided on 07.01.2009
(Paras 10, 11, 13, 15, 24, 27 & 35)
?d? jktLFkku iapk;rh jkt ^izcks/kd* lsok fu;e 2008] fu;e 2?k?] 40 & izcks/kd ds in dh p;u izfØ;k ,oa fofHkUu vk/kkjksa ij bl in ij izkFkhZx.k ds ukeksa ij fopkj ugha djuk & vfHkfu/kkZfjr & fpfdRlk@ekr`Ro vodkk] xzh"edkfyu vodkk tks lE;d :i ls Lohd`r gS] ds dkj.k lsok esa vk;k ^^czsd** izkFkhZx.k dks p;u izfØ;k esa Hkkx ysus ls v;ksX; ugha Bgjkrk & vuqHko esa NwV dh okaNuh;rk dk fofup; fu;qfDr izkf/kdkjh dks djuk gksrk gS u fd U;k;ky; dks & lhfu;j lSd.Mjh ?okWdskuy? ,oa ^^cSpyj vkWQ vkVZ izhisjsVjh izksxzke** /kkjh vH;FkhZx.k bl in ij fu;qfDr gsrq ;ksX; ,oa vgZrk izkIr gS & eqdnesackth ds yfEcr jgus ds nkSjku tks izkFkhZ ^^vkWoj,st** gks x;s gS] os vk;q lhek esa NwV ikus ds gdnkj gSA ?in la[;k 10] 11] 13] 15] 24] 27 o 35?
(b) Rajasthan Panchayati Raj Probodhak Services Rules, 2008 — Preferential treatment to the employees of Govt. Projects — Held — The spirit of the scheme was to uplift the elementary education programme in remote areas — For better accessibility it was proposed to make a separate cadre of such persons having gathered experience of teaching in local areas with local dialect — State Govt. from time to time started many educational projects for this purpose — Considering their working experience in these projects they have rightly been given preferential treatment. (Paras 37 & 38)
Writ petitions disposed of accordingly.
?[k? jktLFkku iapk;r jkt izcks/kd lsok fu;e] 2008 & fu;e ljdkjh ifj;kstukvksa ds deZpkfj;ksa dks lkFk vf/kekuh dk O;ogkj djuk & vfHkfu/kkZfjr & bl ;kstuk dh Hkkouk nwjLFk {ks=ksa esa izkjfEHkd fk{kk dk;ZØeksa dk mRFkku djuk Fkk & csgrj igqap gsrq LFkkuh; Hkk"kk ds lkFk-lkFk LFkkuh; {ks=ksa esa v/;kiu djkus dk vuqHko j[kus okys ,sls yksxksa dk ,d i`Fkd ls laoxZ cukus dk izLrko Fkk & bl mn~ns;kFkZ jkT; ljdkj us le; le; ij vusd kS{kf.kd ifj;kstuk,a vkjEHk dh &bu ifj;kstukvksa esa muds dk;kZuqHko dh n`f"V ls muds lkFk vf/kekuh O;ogkj fd;k tkuk U;k;ksfpr gSA ;kfpdk,a rn~uqlkj fuLrkfjr dhA ?in la[;k 37 o 38?
.
2. The petitioner has applied for the post of Prabodhak pursuant to the advertisement dated 31.05.2008 issued by the respondents. As per the advertisement, the basic qualification required for recruitment on the post of Prabodhak is Senior Secondary and B.S.T.C. or B.Ed. or equivalent to it. Beside qualification, the candidate should have continuous 5 years teaching experience without any break from the recognised educational institute and the experience certificate should be countersigned by the concerned District Education Officer.
3. I have heard learned counsels appearing for the respective petitioners, learned AAG Mr. S.K. Gupta and carefully gone through the relevant provisions of law and the other material available on the record.
4. As per the provisions of the Rajasthan Panchayati Raj Prabodhak Service Rules, 2008 (for short the Rules of 2008), the term “teaching experience” has been defined in Rule 2(k) of the Rules of 2008, which reads as under:-
“2. Definitions.- In these rules unless the context otherwise requires,-
(a)_ _ _ _ _ _ _ _ _ _
(k) “Teaching Experience” for the purpose of direct recruitment includes the experience gained in supervisory capacity in any recognised educational institution of project;
“Service” or “Experience” wherever prescribed in these rules as a condition for promotion from one Service to another or within the Service from one category to another or to senior posts, in the case of a person holding a lower post eligible for promotion to higher post shall include the period for which the person has continuously worked on such lower post after regular selection in accordance with rules promulgated.
5. In majority of the writ petitions, the candidature of the petitioners was not considered on account of lack of requisite teaching experience as required under Rule 2(k) of the Rules of 2008.
6. In the case of Smt. Vishnu Kanwar vs. State of Raj. & Ors. (SBCWP No. 8796/2008), the petitioners who were serving as Para Teachers faced the process of selection for appointment as Prabodhak under the Rules of 2008 and their names figures in select list, however, appointments to them were withheld because of interruption in continuous service or because of lacking teaching experience due to leaves availed by them. In all the petitions, the case of the petitioners was that whatever interruption in service exists i.e. because of undergoing training required for Para Teachers or because of availing leave due to unavoidable circumstances. In some of the cases, the leave may not be because of unavoidable circumstances, but was for a quite short period and i.e. sanctioned one.
7. In the aforesaid case of Smt. Vishnu Kanwar (supra), the co-ordinate Bench of the Jodhpur High Court has considered the ratio decided in the case of Shankar Lal vs. State of Rajasthan and others (SBCWP No. 6766/2008, decided on 15.10.2008), wherein this Court has considered the issue relating to the consideration of the period of training undertaken by the persons appointed as Para Teacher as part of teaching experience and observed as under:-
“Under the Rules of 2008 the term “teaching experience” is defines as follows:-
2(k) “Teaching Experience” for the purpose of direct recruitment includes the experience gained in supervisory capacity in any recognised educational institution of project.”
The term “service” or “experience” is also defined under the Rules of 2008 in following terms:-
2(1)“Service” or “Experience” wherever prescribed in these rules as a condition for promotion from one Service to another or within the Service from one category to another or to senior posts, in the case of a person holding a lower post eligible for promotion to higher post shall include the period for which the person has continuou
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