Madhu Rawal vs State & Ors on 10 December, 2008

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            S.B.CIVIL WRIT PETITION NO.6915/2008


                           Madhu Rawal
                               v.
                    State of Rajasthan & Ors.


      Date of Order              ::           10 th December, 2008


              HON'BLE MR.JUSTICE GOVIND MATHUR


Mr. Sandeep Shah, for the petitioner.
Mr. Shyam Toshniwal, for the respondents.
                         ....


            By this petition for writ a writ, order or

direction is sought for the respondents to treat the

period commencing from 26.6.2003 to 22.7.2003 as part

of   teaching       experience        gained      by     the    petitioner,

resulting     him         eligible          to   be      considered         for

appointment        to    the     post       of   Prabodhak       under      the

Rajasthan Panchayati Raj Prabodhak Service Rules, 2008

(hereinafter referred to as "the Rules of 2008").



            As per the averments contained in petition

for writ the petitioner was selected for appointment

as Para Teacher on 21.4.2003 and she was sent for

necessary         training       immediately           thereafter.          She

acquired    post        appointment         training   relating       to    the

post of Para Teacher from 26.6.2003 to 22.7.2003 and

on 23.7.2003 she joined duties as Para Teacher. In

pursuant     to     an    advertisement          dated      31.5.2008       the

petitioner    applied          for   appointment       to      the   post    of

Prabodhak in District Sirohi, however, her candidature
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was    rejected      by     the    respondents        by    treating        her    a

person    not       having    requisite       teaching        experience          of

five years. Being aggrieved by the same this petition

for writ is preferred.



               As per the petitioner the period of training

undertaken by her as a consequent to appointment to

the post of Para Teacher is required to be treated as

part of teaching experience and by including that she

completes five years teaching experience.



               The    controversy        involved      in     this      petition

for writ as a matter of fact is no more res integra in

view of the judgment of this Court in the case of

Shankar Lal v. State of Rajasthan & Ors., SBCivil Writ

Petition No.6766/2008, decided on 15.10.2008. In the

case     aforesaid        a   view      is   taken     that       the     period

relating to the post appointment training relating to

the    post     of    Para     Teacher       is   a    part      of     teaching

experience      and    that        is   required      to    be   included         in

teaching experience while considering candidature of a

person for appointment to the post of Prabodhak.



               In    view     of    that,    this     petition        for    writ

deserves acceptance, the same, therefore, is allowed.

The rejection of the petitioner's candidature on the

count     of    lacking       teaching       experience          is     declared

illegal. The respondents are directed to consider the

candidature of the petitioner for appointment on the
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post of Prabodhak in District Sirohi and appointment

be   accorded to   her    if   she stands      in merit    and   is

otherwise   eligible     to    hold   the   post   of   Prabodhak.

Compliance of the directions given above is required

to be made within a period of two months from today.



                                            ( GOVIND MATHUR ),J.

kkm/ps.