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2009 Supreme(Raj) 29

[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

Advocates Appeared
R.P. Saini, Ashish Saxena, Anoop Agarwal, Abhishek Sharma, Amit Singh Sekhawat, Anil Upman, Akhil Simlote, Anand Sharma, Ashok Yadav, Ashwani Chobisa, Anoop Dhand, Anshuman Saxena, A.D. Atwal, Ajay Gupta, Ali Mohd Khan, Anil Sharma, Ashish Chouhan, Ashish Sharma, Ashok Joshi, Amit N. Mathur, B.M.Sharma, B.B.L.Sharma, Bhupendra Pareek, Banwari Lal Sharma, B.S.Choudhary, Bharat Singh, Bhaskar Dagar, Bipin Gupta, Brij Sharma, C.P. Sharma, C.L.Saini, D.V. Tholia, Dharmendra Jain, D.K.Garg, D.S.Dhariwal, D.P.Sharma, Devendra Bharadwaj, D.C.Gupta, Dinesh Yadav, Dayanand Yadav, D.K.Dixit, D.S.Choudhary, Ganesh Meena, G.S.Sekhawat, G.L.Sharma, Gajanand Yadav, Govind Sharma, H.R.Kumawat, Hanuman Choudhary, Hari Krishan Sharma, Harsh Saini, H.C.Saini, H.C.Ganeshiya, H.R.Kuldeep, Hridayesh Singh, Indresh Sharma, J.K.Singhi, Jitendra Pandey, Jitendra Kr. Sharma, J.K.Yogi, J.R.Choudhary, J.K.Gupta, Jitendra Singh, K.N.Sharma, Keshav Agarwal, Karan Pal Singh, K.R.Sharma, Krishnavtar Sharma, K.C.Sharma, Kamlesh Pareek, Khaleel Mehmood, Kaleem A. Khan, L.M.Bharadwaj, Laxman Meena, L.S.Sekhawat, Liyakat Ali, Mahendra Meena, M.K.Kaushik, Mahipal Kharra, Mukesh Kr. Goyal, M.P.Jadon, Mukesh Bijrania, Manish Gupta, Mahendra Shandilya, Manoj Sharma, M.C.Jain, M.S.Gurjar, Mohd. Akbar Khan, Smt. Manju Sharma, Dr. Mahesh Sharma, M.F.Baig, Mahesh Gupta, Navratan Singh, Neeraj Joshi, N.S.Chouhan, Neeraj Bhatt, N.S.Dhakad, Neeraj Tiwari, Nitin Jain, [2] Ms. Neetu Bhansali, Omveer Singh Saini, Praveen Sharma, Praveen Jain, Prem K. Sharma, Pradeep Kalwania, Pushpendra Pal Singh, P.S. Arya, P.S.Sharma, Prakash Thakuriya, Prashant Kumar, Rajendra Soni, Rohitashwa Kajla, Ram Rakh Sharma, R.P.Vijay, Rajeev Sogarwal, Rajveer Sharma, Rakesh Paliwal, Rajesh Goshwami, Riysat Ali, Ravi Shankar Sharma, Dr. Rajkumar Sharma, Rajesh Chaturvedi, R.K.Gaur, Rajkumar Goyal, Rahul Kanwar, Rajesh Moondia, Rinesh Gupta, R.S.Mehta, Rajendra Sharma, Rajat Ranjan, R.A.Verma, R.D.Meena, R.N.Sharma, S.K.Singodia, Surndra Singh Sekhawat, Sitaram Samota, Sanjay Sharma, Shivcharan Gupta, Sandeep Bhagwati, Sudesh Bansal, Sanjeev Prakash Sharma, Sunil Kumar Jain, Sudarshan Ladda, Satish Khandal, S.K.Saxena, Sanjay Gangwar, S.R.Saini, Sandeep Saxena, Sanjay Mehla, Mrs. Sonia Shandilya, Sandeep Pathak, Saransh Saini, Shailesh Prakash Sharma, Mrs. Sangeeta Sharma, Sagir Ahmed Qureshi, Suresh Kumar Narayan, Shobhit Tiwari, Samay Singh, S.S.Ola, Sunil Kumar, S.B. Gupta, Suresh Pareek, Saiyad Manjoor Ali, Surendra Sharma, Suresh Kumar Narnolia, Tanveer Ahmed, Tarun Jain, Umesh Vyas, Umesh Kumar Sharma, Vijay Pathak, Vijay Poonia, Vikarant Gupta, Vinod Kumar Sharma, Vinod Pathak, Ved Prakash, V.D.Gathala, Virendra Dave, Vinod Singhal, V.K.Sharma, Vijay Yadav, Dr. Vikram Singh Nain, Vedpal Shashtri, Y.K.Sharma, Yogesh Singhal and Zakir Hussain, Advocates, for Petitioners;
S.K. Gupta, Addl. Advocate General with Mr. G.D. Bansal, Addl. Govt. Counsel, Advocates, for State

Headnote:(a) Rajasthan Panchayati Raj Prabodhak Service Rules, 2008, Rule 2(k), 40 — Selection process and non-consideration of petitioners on various grounds on the post of Prabodhak — Held — Break on account of medical/maternity leave, summer vacation duly sanctioned will not disentitle from participation in selection process — Desirability of relaxation in experience is to be decided by appointing authority and not by the Court — Candidates having qualifications of Senior Secondary (Vocational) and Bachelor of Arts Preparatory Programme are eligible for appointment — Petitioners who become overage during pendency of litigation are entitled to get age relaxation.

        (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?


       .

Hon ble RATHORE, J.—Since in all these writ petitions the selection process as well as non-consideration of the petitioners on the post of Prabodhak is under challenge, therefore, the same are being decided by this common judgment.

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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