- (1.) Precisely the issue involved in this petition for writ is that whether the experience gained by an incumbent as Laboratory Assistant can be considered as "Teaching Experience" required for the purpose of appointment to the post of Headmaster, secondary schools. Eligibility for that as per the Rajasthan Educational Service Rules, 1970 (hereinafter referred to as the Rules of 1970"), is as follows : "1. (a) Bachelors Degree with a degree or diploma in Education. (b) Experience of Teaching High/Jr. Hr. Sec./Hr. 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."
(2.) The candidature of the petitioner to be considered for appointment as Headmaster, Secondary School, stood rejected by respondent Rajasthan Public Service Commission by ignoring the experience gained by him as Laboratory Assistant for a period of five years 9 months and 10 days as per the letter dated 6-10-2003 issued by the Assistant Secretary of the Commission. Being aggrieved by the same this petition for writ is preferred claiming the relief as under : "(1) the impugned order/letter Annx. P/4 dated 6th October, 2003 may kindly be quashed and set aside, with consequential benefits and reliefs, as if it was never passed against the petitioner; (2) without prejudice to above, the respondents may kindly be directed to treat the petitioner eligible, having requisite 'teaching experience' of more than 5 years, for direct recruitment on the post of Headmaster, Secondary School; with all consequential benefits and reliefs to the petitioner, as if the petitioner was never denied the same; (3) in case during pendency of the writ petition, process of selection is over, the respondents may kindly be directed to conduct special interview for the petitioner, treating him eligible to be considered for appointment on the post of Headmaster, Secondary School through direct recruitment. (4) the respondents may also kindly be directed to provide appointment to the petitioner with effect from the date when other similarly situated persons were appointed, as if he is never denied the same, with all consequential benefits and reliefs."
(3.) To substantiate the claim the contentions of the counsel for the petitioner are as under : (1) the post of Laboratory Assistant is part of the Rajasthan Educational Subordinate Service created under the Rajasthan Educational Subordinate Service Rules, 1971 (hereinafter referred to as "the Rules of 1971") and is shown in Section "F" of the Schedule appended with the Rules that relate to the category of general teachers, as such a Laboratory Assistant is a "teacher" under the Rules of 1971; (2) as available to the teachers an avenue for promotion is also available to a Laboratory Assistant for the purpose of promotion to the post of Senior Teacher under the Rules of 1971 that indicate the intention of the legislature to consider Laboratory Assistants as Teachers, hence the experience gained by a Laboratory Assistant in that capacity is nothing but teaching experience; and (3) a Laboratory Assistant is imparting instructions to the students in laboratory while teaching practical aspects of science subject. The Laboratory Assistant, therefore, is a teacher and duties discharged by him are "teaching".;