JUDGMENT
Ashok Parihar, J.
1. In pursuance to advertisement issued by the respondent-Commission on 7.3.2002 for selection to the post of Headmaster the petitioner also submitted his application alongwith the certificate of teaching experience while working as Librarian. The candidature of the petitioner was rejected by the respondent Commission only on the ground that the petitioner was not having requisite teaching experience for the post in question.
2. The recruitment to the post of Headmaster, Secondary School is made under the provisions of Rajasthan Education Service Rules, 1970. The post is to be filled 50% by direct recruitment and 50% by promotion. The minimum qualification and experience for direct recruitment have been provided under Gr. F of the Schedule to the rules which is reproduced here-as under:-
“1. (a) Bachelor’s degree or diploma in education.
(b) Experience of teaching High/Jr. HSS/Hr. Sec. Class for 5 years of experience of administrative charge of Middle Schools for 4 years and of teaching High/Jr.HSS/Hr. Sec. classes for 3 years.
OR
Five years’ experience on the posts of Teachers Grade II or above under any of the Sections C, D, E and F of the Schedule appended to the Rajasthan Educational Subordinate Service Rules, 1971).
Note-1. Degree or Diploma referred to above shall be of a University established by Law in India or of foreign University recognised as equivalent hereto by the Government.
Note-2. Teaching in RTS/BSTC/Schools will be deemed as equivalent to teaching in High/Jr. Higher Sec./Hr. Sec. Classes.
Note-3. Experience of working on the post of Social Educational Organiser or posts mentioned at serial No. 1 to 5 of Section F of the Schedule to the Rajasthan Educational Subordinate Service Rules, 1971, shall be deemed as equivalent to the experience of administrative charge of Middle Schools and experience on the post of Research Assistant or Co-ordinator in the State Institute of Education, shall be deemed as equivalent to the experience of teaching Secondary classes.)”
3. The post from which the promotion is to be made has also been mentioned in the above schedule as Teacher Gr. II in Sections C, D, E & F of the schedule appended to the Rajasthan Educational Subordinate Service Rules, 1971. The minimum qualification and experience required for promotion to the post of Headmasters have also been notified in the schedule as referred above and the same is reproduced here-as-under:-
“1. (a) Bachelors Degree with a degree or diploma in Education.
(b) Experience of teaching High/Jr. Hr. Sec/Higher Sec./ classes for 5 years or experience of Administrative charge of Middle Schools for 4 years and of teaching High/Jr. Hr. Sec./ Hr. Sec. classes for 3 years.
OR
“Qualifications prescribed in 1(a) of column 4 and should have . been exempted by the Board of Sec. Education, Rajasthan from possessing of qualifications prescribed in Sub-rule (1) (b) in regard to the number of years.
(2) No teacher grade II shall be promoted to the service unless he has either worked for a period of two years as Head Master of M.S. or has been exempted in this behalf by the Director Primary & Secondary Education, Rajasthan.
OR
Five years’ experience on the posts of Teachers Grade II or above under any of the Sections C, D, E & F of the Schedule appended to the Rajasthan Educational Subordinate Service Rules, 1971.)
Note-1. Degree or Diploma referred to above shall be of a University established by Law in India or of foreign University recognised as equivalent thereto by the Government.
Note-2. Teaching BSTC School/RTC will be deemed as equivalent to teaching in High/Jr. Higher Sec./Hr. Sec. Classes.
Note-3. Experience of working on the post of Social Educational Organisor or posts mentioned at items No. 1 to 5 of Section F of the Schedule to the Rajasthan Educational Subordinate Service Rules, 1971, will be deemed as equivalent to the experience of administrative charge of Middle Schools and experience on the post of Research Assistant or Co-ordinator in the State Institute of Education, shall be deemed as equivalent to the experience of teaching Secondary classes.)”
4. A bare reading of the rules as referred above would show that the rule making authority has not left any ambiguity in regard to qualifications and experience required for the post in question either by way of direct recruitment or by way of promotion. Admittedly, the petitioner is not having the requisite experience of teaching as required under the rules as referred above. It is only while working as Librarian, the petitioner might have taught some classes. However, that teaching experience could not be treated as a valid experience, more so, when teaching experience while working on different posts both for promotion as well as direct recruitment have clearly been visualized and enumerated in the rules.
5. Mr. Kumawat, learned counsel for the respondent Commission has relied on a Judgment of this court in case of Smt. Manjulata v. RPSC, SBCWP No. 421/1997, decided on 24.1.1997, as also the Division Bench Judgment this court at the main Seat in case of State of Rajasthan v. Manohar Singh and Ors., DB Civil Special Appeal (Writ) No. 874/1998 and connecting appeal filed by the respondent Commission decided on 30.1.2002. The Division Bench in the judgment referred above has observed that in view of the Scheme of the relevant Rules and Education Code meant for maintaining the standard of teaching in the State of Rajasthan and laying criteria for the recognition of the institution, the requisite experience under the rules must be held after attaining the necessary qualification for taking such classes or otherwise will not be counted for the purpose of eligibility for appointment on the post in question. The above view further finds support from the judgment of Supreme Court in case of Indian Airlines Ltd. and Ors. v. S. Gopalakrishnan (2001) 2 SCC 362 : RLW 2001(1) SC 149. Even otherwise there could not have been different qualifications and required experience for direct recruitment and promotion for the same post. The courts also cannot equate experience which have not been provided and even visualized under the relevant rules.
6. Having considered entire facts and circumstances and judgments referred above, in my opinion, the alleged teaching experience of the concerned workman while working as Librarian cannot be held to be a valid experience for the purpose of selection/appointment to the post of Headmaster. The Judgment of Punjab & Haryana High Court in case of Jagminder Kaur v. State of Punjab, 1995(6) SLR 417 and Judgment of Delhi High Court in case of Veena Aggarwal v. Managing Committee, Delhi, are not applicable in the facts and circumstances of the present case, more so, when the detail provisions provided under the present rules were not under consideration before the Hon’ble Courts.
7. Accordingly, I find no merit in the writ petition and the same is dismissed.