- (1.) INSTANT batch of petitions have been filed by the petitioners who at one point of time in recent past, had worked as Vidhyarthi Mitra in the Government Educational Institutions but are not holding one year's experience as provided u/R.16 of the Rajasthan Vidhyalay Sahayak Subordinate Service Rules, 2015 (hereinafter shall be referred to as "the Rules, 2015") which envisages that a candidate for direct recruitment to the post enumerated in the Schedule -I shall possess academic qualification and experience indicated in Column -4 of Schedule -I appended to the scheme of Rules, 2015 to participate in the selection process initiated by the respondents for the post of Vidhyalay Sahayak under the Rules, 2015.
(2.) THE post of Vidhyalay Sahayak has been advertised by the respondents, pursuant to advertisement dt. 21.07.2015 inviting applications from the eligible candidates who intend to participate in the selection process for direct recruitment on 30,522 vacancies of Vidhyalay Sahayak. Counsel for petitioners jointly submit that the petitioners have worked as Vidhyarthi Mitra in the recent past in various Government Educational Institutions and stipulation of one year's experience as one of the condition of eligibility under the scheme of Rules, 2015 is violative of Arts.14 & 16 of the Constitution and it has no nexus with the kind of job which ultimately has to be assigned to the Vidhyalay Sahayak and it appears that one year's experience of working, stipulated u/R.16 of the Rules, 2015 is only to restrict consideration of such of the candidates who have served the State Government either directly or indirectly through the State Government/State Government Projects.
(3.) COUNSEL for respondents while supporting the scheme of Rules, 2015 submit that experience is one of the condition of eligibility and one year's experience will certainly give better efficiency to a person who may be finally inducted as Vidhyalay Sahayak under Rules, 2015 and the rule making authority, if requires one year's experience it cannot be held to be either arbitrary and unreasonable or hit by any lack of legislative competence or violative of any of the fundamental rights guaranteed under the Constitution or of any other constitutional provisions or statutory Rules and cannot be invalidated merely because the incumbents, approaching to this court, are not holding such qualifications.;