GOVIND MATHUR,J. - (1.) By this petition for writ a challenge is given to the constitutional validity of Rule 2(j) and proviso 10 under Rule 15 as well as para 2 of column-4 of Schedule-1 of the Rajasthan Vidhyalaya Sahayak Subordinate Service Rules, 2015 (hereinafter referred to as 'the Rules of 2015').
(2.) A Division Bench of this Court considered validity of the provisions aforesaid in a batch of writ petitions led by DB Civil Writ Petition No. 8062/2015, Rajni Purohit and Ors. v. State of Rajasthan and Ors., decided on August 28, 2015. The Division Bench, while accepting the writ petition, held as under:- "18. The above noted writ petitions are hereby allowed and in view of the discussion made herein above, Rule 25 of the Rules of 2015 to the extent that persons employed through placement agencies would not be given benefit of weightage, is declared illegal and ultra vires the Constitution. Consequently, Rule 25 of the Rajasthan Vidhyalay Sahayak Subordinate Service Rules 2015 is to read as under:- "25. Scheme of Selection.- (1) The Committee shall award marks to the candidates, whose names included in the list prepared under rule 24, on the basis of such weightage as may be specified by the State Government for the marks obtained in qualifying examination mentioned in the Schedule-1 and such marks as may be specified by the State having regard to experience of working in the State Government, State Government Educational Projects viz. Lok Jumbish Pariyojana/Sarva Shiksha Abhiyan/District Primary Education Programme/ Rajiv Gandhi Pathshala/ Shiksha Karmi Board and Madras listed under the Madras Board. After awarding marks, the Committee shall arrange the list in order of merit and five times candidates of the total number of vacancies category wise and district wise to be filled in, shall be called for interview. Explanation: Wherever percentage of the marks cannot be ascertained due to grade awarded to the candidate in the particular examination, the median of the grade awarded to the candidate in such examination shall be basis for the preparation of merit list. (2) The interview shall carry such marks as may be determined by the State Government. The Committee shall award marks to each candidate interviewed by it. The marks, so awarded in interview, shall be added to the marks awarded to the candidate under sub-rule (1) above, for the qualifying examination and working experience. The Committee shall prepare final merit list on the basis of aggregate marks awarded to each candidate." Similarly, definition of 'Experience' as enumerated in Section 2(j), is to read as under:- "2(j) "Experience" wherever prescribed in these rules means the experience gained by Academic/Non-Academic work in State Government School/State Recognised Non-Government School/State Government Educational Project viz. Lok Jumbish Pariyojana/Sarva Shiksha Abhiyan/District Primary Education Programme/ Rajiv Gandhi Pathshala/ Shikshakarmi Board and Madrasa listed under the Madarasa Board." The eligibility given under the Schedule-'A" too stands amended according and that shall be as follows:- "1. Senior Secondary (10+2) from recognised Board or its equivalent. 2. Minimum one year experience of working is essential in State Government School/State Recognised Non-Government School /State Government Educational Projects viz Lok Jumbish Pariyojana/Sarava Shiksha Abhiyan/District Primary Education Programme/ Rajiv Gandhi Pathshala/ Shikshakarmi Board and Madarsa listed under the Madarsa Board." 3. In view of the judgment given in the case of Rajni Purohit (supra) nothing survives in this petition for writ for examination of the provisions in question. 4. The only issue survives for consideration is whether the petitioners who are serving under the Kasturba Gandhi Balika Residential Vidhyalayas Scheme are entitled for receiving bonus marks on basis of their service experience. 5. The term 'experience' as defined under Rule 2(j) of the Rules of 2015 after the judgment in the case of Rajni Purohit (supra) reads as under:- "2(j) "Experience" wherever prescribed in these rules means the experience gained by Academic/Non-Academic work in State Government School/State Recognised Non-Government School/State Government Educational Project viz. Lok Jumbish Pariyojana/Sarva Shiksha Abhiyan/District Primary Education Programme/ Rajiv Gandhi Pathshala/ Shikshakarmi Board and Madrasa listed under the Madarasa Board." 6. It is submit by learned counsel for the petitioners that the experience gained by the petitioners has not been treated as a service experience in the institutions referred in Rule 2(j), though Kasturba Gandhi Balika Residential Vidhyalayas Scheme is nothing but a scheme under Sarva Shiksha Abhiyan. To substantiate the contention reliance is placed on several salient features of the scheme. It is pointed out that as per the revised guidelines for implementation of Kasturba Gandhi Balika Vidhyalayas, the Kasturba Gandhi Balika Vidhyalaya (KGBV) Scheme was launched by the Government of India in August, 2004 for setting up residential schools at upper primary level for girls belonging predominantly to the Scheduled Castes, Scheduled Tribes, Other Backward Classes and minorities in difficult areas. The scheme of KGBV though is a separate scheme, but in harmony with the Sarva Shiksha Abhiyan, National Programme for Education of girls at Elementary Level and Mahila Samakhya, the scheme was merged with Sarva Shiksha Abhiyan w.e.f. 1.4.2007 as its separate component. The scope/coverage of the scheme as per the revised guidelines is as under:- "2. Scope/Coverage of the scheme - 2.1 The scheme was applicable since inception in 2004, in Educationally Backward Blocks (EBBs) where the rural female literacy is below the national average (46.13% : Census 2001) and gender gap in literacy is more than the national average (21.59% : Census 2001). Among these blocks, schools may be set up in areas with : concentration of tribal population, with low female literacy and/or a large number of girls out of school; concentration of SC, OBC and minority populations, with low female literacy and/or a large number of girls out of school; areas with low female literacy; or areas with a large number of small, scattered habitations that do not qualify for a school." 7. The objective of the scheme is to ensure access and quality education to girls of disadvantage groups of society by setting up residential schools at upper primary level. The funding to the scheme is same as per the Sarva Shiksha Abhiyan being a component of it. 8. The facts pointed out by learned counsel on basis of revised guidelines have not been disputed by learned Additional Advocate General. 9. The accepted position is that Kasturba Gandhi Balika Residential Vidhyalaya is a component of Sarva Shiksha Abhiyan. As per Rule 2(j) of the Rules of 2015, experience gained by Academic/Non-Academic work in Sarva Shiksha Abhiyan is a experience entitling an aspirant for appointment to the Vidhyalaya Sahayak to have bonus marks. The petitioners being serving in a component of Sarva Shiksha Abhiyan are entitled to be treated at par with the employees of Sarva Shiksha Abhiyan while considering candidature for the purpose of appointment to the post of Vidhyalaya Sahayak under the Rules of 2015. The petitioners, thus, are entitled to have bonus marks and age relaxation at par with the employees of Sarva Shiksha Abhiyan under the Rules of 2015. 10. Accordingly, the writ petition is allowed. The respondents are directed to allow the age relaxation and bonus marks against the experience to the petitioners as granted to the employees of Sarva Shiksha Abhiyan while considering their candidature for the purpose of appointment to the post of Vidhyalaya Sahayak. Petition allowed.;