[2010(4) RLW 3398 (Raj.)]
Rajasthan High Court, Jaipur Bench
HON'BLE JAGDISH BHALLA, CJ.
HON'BLE M.L. BHANDARI, J.
Ram Singh Barwal
Versus
State of Rajasthan
D.B. Civil Special Appeal No. 308 of 2009
Decided on: 21.05.2010
Appeal dismissed.
Hon'ble BHANDARI, J.-By these appeals, a challenge has been made to a common judgment dated 7.1.2009 whereby bunch of writ petitions were decided.
2. The matter pertains to appointment on the post of Prabodhak pursuant to the provisions of the Rajasthan Panchayali Raj Prabodhak Service Rules, 2008 (hereinafter referred to as "the Rules of 2008').
3. Learned counsel for appellants submitted that appointment to the post of Prabodhak has been made in violation of Article 16 of the Constitution of India as the respondent-State Government made discrimination while making selection to the said post. Certain Teachers working under the educational projects of the State were given higher bonus marks for each teaching year's experience apart from the benefit of age for judging their eligibility. Elaborating the arguments, learned counsel for appellants submit that while the Rules of 2008 came into effect, definition of 'teaching experience' was provided under Section 2(k) and method of recruitment in Parts III & IV of the Rules, accordingly, advertisement was issued calling for the applications from and amongst the eligible candidates. The recruitment to the post is required to be made as per the "method of direct recruitment" provided under the Rules of 2008. The respondents, however, failed to conduct selection as per the Rules. After calling for applications from the eligible candidates for selection on the post of Prabodhak, respondents took an administrative decision to provide five bonus marks for each teaching year's experience to Para Teachers etc. working in educational project with the ceiling of maximum 25 marks whereas Teachers of private recognized institutions were awarded only two bonus marks for each teaching year's experience with the ceiling of maximum 10 marks. By aforesaid, the Teachers, who gained teaching experience in the private institutions, were deprived to get equal treatment. This is more so when the advertisement is silent on that issue apart from the Rules of 2008. The respondents, thus, acted contrary to the Rules in providing bonus marks for the purpose of selection.
4. Other argument was raised in regard to the age of the candidate for judging his eligibility. As per Rule 13(v) of the Rules of 2008, those Teachers who had imparted education in specified educational projects were deemed to be within the age limit, had they been within the age limit at the time of their initial engagement. The Teachers of private recognized institutions were not given similar benefit so as other Teachers working in the government educational projects other than specified under Rule 13(v) of the Rules of 2008. By virtue of aforesaid, Teachers of specified educational projects, were considered for selection and given appointment irrespective of their attaining age more than provided under the Rules, only for the reason that at the time of their initial appointment in specified educational projects, they were within the age limit. The respondents were required to give similar treatment to all the Teachers on that count.
5. The challenge to the judgment in bunch of these appeals rests only on two grounds narrated above, as appellants are concerned to other issues decided by the learned Single Judge in its common judgment.
6. Learned counsel for appellants submit that when 'teaching experience' has been defined under the Rules of 2008 so as 'direct recruitment', then the respondents should have made recruitment strictly as per the Rules of 2008. The direct recruitment and teaching experience are defined under the Rules of 2008, which reads as under:-
"2(c) "Direct recruitment" means recruitment made in accordance with Part IV of these rules."
"2(k) "Teaching Experience" for the purpose of direct recruitment includes the experience gained in supervisory capacity in any recognized educational institution or project."
7. Emphasizing on the words "direct recruitment", it was urged that when the definition provides direct recruitmen
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