MASOOD AKHTAR AND ORS. Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2015-9-9
HIGH COURT OF RAJASTHAN
Decided on September 03,2015

Masood Akhtar And Ors. Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

- (1.) THE petitioners are claiming themselves to be outstanding sports persons and 2% of the total vacancies have been reserved for outstanding sports persons u/R. 11 of the Rajasthan Vidhyalay Sahayak Subordinate Service Rules, 2015 (hereinafter shall be referred to as "the Rules, 2015") and their grievance is that u/R. 16 of the Rules, 2015, a candidate who intends to participate in the selection process to be held for Vidhyalay Sahayak which is to be filled 100% by direct recruitment, must have academic and technical qualifications & experience, as appended in Column -4 of Schedule -I appended to the scheme of Rules, 2015 and apart from the academic & technical qualifications, minimum one year's experience of working is also made mandatory in the State Government School/State Recognized Non -Government School/State Government Educational Projects.
(2.) TO appreciate the controversy raised in the instant batch of writ petitions, the facts have been noticed from D.B. Civil Writ Petition No. 11831/2015. That 30,522 vacancies of Vidhyalay Sahayak have been advertised by the respondents, pursuant to its advertisement dt. 21.07.2015 inviting applications from the eligible candidates who intend to participate in the selection process for direct recruitment under the Rules, 2015.
(3.) COUNSEL for petitioners jointly submit that the petitioners are outstanding sports persons and for them 2% of the total vacancies have been earmarked for direct recruitment u/R. 11 of the scheme of Rules, 2015 and they are not supposed to hold experience being sports persons and the requirement of one year's experience, as one of the condition of eligibility, which has been provided in Column -4 of Schedule -I appended to the scheme of Rules, 2015 is arbitrary and unconstitutional and in fact for all practical purposes as long as the minimum experience of one year remains as a condition of eligibility for a candidate to participate in the selection process to be held pursuant to advertisement dt. 21.07.2015 under the Rules, 2015 for the post of Vidhyalay Sahayak, the very purpose of providing reservation of vacancies of 2% for outstanding sports persons will remain an empty formality and will be a complete farce since sports persons indisputably may not have a kind of experience which is required and indicated by the rule making authority under the present scheme of Rules, 2015 and it appears that the rule making authority has not applied its mind while incorporating one year's experience of working as one of the condition of eligibility provided u/R. 16 of the Rules, 2015 particularly for the outstanding sports persons for whom reservation has been provided u/R. 11 of the scheme of Rules, 2015.;


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