M.N. Bhandari, J. - (1.) All these writ petitions involve common question of law thus have been heard and are decided by this judgment.
(2.) Rajasthan Public Service Commission (in short "RPSC") issued an advertisement on 14th December, 2011 inviting applications for the post of Analyst -cum -Programmer (Deputy Director) and Programmer. All the petitioners made applications and appeared in the selection. The select list was sent to the Government. It called the candidates for verification of the documents. The petitioners have been denied appointment. It is on the ground that they are not in possession of the required experience of the post in question. As per advertisement, two years experience is required on the post of Programmer, whereas five years for the post of Analyst -cum -Programmer (Deputy Director).
(3.) Learned counsel submits that petitioners are in possession of required experience and certificates to this effect were submitted to the respondents yet they have been made ineligible. In few cases, the experience was not considered towards eligibility as it was not gained from Public or Private Limited Companies, whereas in other cases, petitioners are having teaching experience. The similarly placed candidates having teaching experience are however made eligible who had gained experience from Mohanlal Sukhadia University or Morarka Organic Foods Ltd. A candidate possessing experience from Allahabad Bank has also been held eligible, whereas petitioners have been denied benefit of experience for variety of reasons which includes that it was not obtained from a Private or Public Limited Company. It is submitted that when experience has to be given weightage, it should be irrespective of the organisation. It is moreso when many petitioners have gained experience from Vanasthali Vidyapeeth University, a deemed University. The experience gained by those candidates should have been recognized towards eligibility. The benefit of experience has been denied irrespective of the fact that number of posts are lying vacant. As per the terms of advertisement, the Government should have given relaxation to the period of experience and thereupon whoever is found eligible should have been given appointment but the State Government failed to do so.;