Advocates:
['RAKESH ARORA', 'KALU RAM BHATIKALU RAM BHATI SHIV PRAKASH BHATI', 'MAHAVEER BISHNOI', 'KALU RAM BHATI']

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

O R D E R

S.B. CIVIL WRIT PETITION NO. 149/2007

Meera Vyas

Vs.

State of Rajasthan and Ors.

Date of Order

:

18/05/2007

PRESENT

HON'BLE MR. JUSTICE H.R.PANWAR

Mr. Mahaveer Bishnoi for the petitioner.

Mr. B.L.Tiwari, Deputy Govt. Advocate for the respondents.

BY THE COURT:-

By the instant writ petition under Articles 226 of the

Constitution of India, the petitioner seeks a direction to the

respondents to award additional five marks for her teaching

experience and consider her case for appointment on the post of

Senior Teacher (Maths) (Girls) in pursuance of advertisement

dated 3.11.2003 Annex.7.

I have heard learned counsel for the parties.

The facts and circumstances giving rise to the instant

writ petition are that the petitioner applied for the post of Senior

Teacher (Maths) (Girls) in pursuance of the advertisement

Annex.7 dated 3.11.2003 issued by the respondent No.2. The

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advertisement Annex.7 provides certain marks for the teaching

experience. In Condition No.11 of the said advertisement, it has

been provided that for the teacher Gr.II, those teachers who

have been working as teacher in secondary school, primary

school, Rural Development and Panchayati Raj Educational

Institutions, Sanskrit Department and the schools to which the

State Government has granted grant-in-aid, will be eligible for

the additional marks for teaching experience. The petitioner

came with a case that she has neither been appointed as teacher

with the respondent State or in any of the school run by the

State Govt. nor in the Govt. aided school, but she has been

serving as teacher with Navodaya Vidhyalaya under the scheme

of the Central Government and therefore, the petitioner be also

equated with that of those teachers who have been teaching in

the schools run by the State Govt. as also the schools whi have

been provided the grant-in-aid by the respondent State.

A reply to the writ petition has been filed by the

respondents stating therein that it is a policy matter and the

decision taken by the respondent State is in conformity with the

educational policy of the State and the marks for teaching

experience have been provided to the teachers who have been

teaching in the schools run by the State Govt. as well as the

educational institutions which have been provided with grant-in-

aid by the State. The circular dated 22.3.2001 Annex.R/1 in clear

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terms provides that for appointment to the post of Teacher Gr.II,

experience shall be given weightage only in respect of teaching

in the schools run by the Education Department, Rural

Development Department and Panchayati Raj Department and

the Teachers who are working on the aided posts in the aided

institutions and therefore, the respondents were justified in not

granting any marks for the experience to the petitioner as the

petitioner was not having teaching experience in the schools run

by the Education Department, Rural Development Department

and Panchayati Raj Department as also in the schools which

have been provided the grant-in-iad by the State. Navodaya

Vidhyalaya is not run by the State Govt. nor any grant-in-aid is

provided to it.

Counsel for the petitioner has relied on a decision of

this Court in Rekha Kumari Rawat and Ors. Vs. State and Ors.

2006 (8) RDD 4467 (Raj.) wherein this Court held as under :-

"In the structure of education system prevailing in

State of Rajasthan there are various kind of schools

such as primary schools, upper primary schools and

senior secondary schools beside certain other

autonomous schools. The recruitment for the teachers

and other teaching and non teaching staff in the

schools is made under the Rules of 1970 or under the

Rules of 1971. The Senior Teachers appointed under

the Rules of 1971 are having an avenue for promotion

to the posts prescribed under the rules of