S.B.Sinha, J. - (1.) LEAVE granted.
(2.) RESPONDENTS herein were Laboratory Assistants in the Government High Schools. They were appointed on or about 24.1.1992 to the said posts. They worked in the post of Teacher Grade-III from 13.10.1997. The Rajasthan Public Service Commission (for short as "Commission") issued an advertisement on or about 7.3.2002 for the posts of Headmaster of Secondary Schools. The minimum qualification and other conditions laid down therefor in terms of Rajasthan Educational Service Rules, 1970 are as under: JUDGEMENT_412_TLPRE0_2007Html1.htm Inter alia on the premise that the respondents did not fulfil the requisite eligibility criteria contained in the said rules, their cases for recruitment to the posts of Headmaster of the secondary schools were not considered by the Commission.
(3.) INDISPUTABLY, in terms of the said Rules, 50% of the post of Head Master were to be filled up by direct recruitment; whereas the rest 50% by promotion. Respondents filed a writ petition praying inter alia for issuance of a writ of or in the nature of mandamus directing the Commission to call them for interview for consideration of their appointments to the said posts pursuant to the aforementioned advertisement dated 7.3.2002 having regard to their experience as Laboratory Assistants. A learned Single Judge of the High Court by a Judgment and Order dated 17.12.2003 relying on or on the basis of an earlier decision of a coordinate Bench of the said Court in Smt. Manjulata v. RPSC and Anr. SBCWP No. 421/1997 disposed on 24.1.1997, dismissed the said petition. Intra court appeals were preferred thereagainst and by reason of the impugned judgment, the Division Bench following another Division Bench judgment rendered in State of Rajasthan v. Manmohar Singh and Ors. 2003 (1) CDR 839, allowed the same.;