MATHUR, J. - (1.) ALL these petitions for writ raise common legal question, thus, I propose to decide all these cases by one common judgment.
(2.) TO regulate recruitment and other service conditions in the Rajasthan Prabodhak Service, the Government of Rajasthan, while exercising powers conferred by Section 102 of the Rajasthan Panchayati Raj Act, 1994, enacted the Rajasthan Panchayati Raj Prabodhak Service Rules, 2008 (hereinafter referred to as the Rules of 2008 ). An intention to fill in the existing vacancies of Prabodhaks was notified by the Government of Rajasthan on 31. 5. 2008. Accordingly, the process of recruitment was initiated in various Districts of the State. The eligibility for appointment as Prabodhaks under the rules of 2008 is as follows:- Senior Secondary School certificate or intermediate or its equivalent, with Diploma or certificate in basic teachers training of a duration of not less than two years of Diploma or certificate in elementary teachers training of a duration of not less than two years. Or Bachelor of Elementary Education (B. EI. Ed) Or Graduation with Bachelor of Education (B. Ed.) or its equivalent. ANd Must have at least 5 years continuous teaching experience without any break in any recognized educational institution. The term Teaching Experience, as defined under Rule 2 (k) of the Rules of 2008 also includes the experience gained in supervisory capacity in any recognized educational or project. Rule 13 of the Rules of 2008 deals with the age of recruitment to the Rajasthan Prabodhak Service and that reads as follows:- 13. Age:-A candidate for direct recruitment to a post enumerated in the Schedule must have attained the age of 23 years and must not have attained the age of 35 years on the first day of January following the last date fixed for receipt of applications : Provided-- (i) that the upper age limit mentioned above, shall be relaxed by 5 years in the case of male candidates belonging to the Scheduled Castes, Scheduled Tribes and the Other Backward Classes. (ii) that the upper age limit mentioned above shall be relaxed by 5 years in case of women candidates belonging to General Category. (iii) that the upper age limit mentioned above shall be relaxed by 10 years in the case of woman candidates belonging to the Scheduled Caste, Scheduled Tribes and the Other Backward Classes. (iv) that the upper age limit mentioned above shall be 50 years in the case of Ex-Service Personnel and the reservists, namely the Defense Service Personnel who were transferred to the reserve. (v) that the person serving under the educational project in the State viz. Rajiv Gandhi Pathshala / Shiksha Karmi Board / Lok Jumbish Pariyojana / Sarva Shiksha Abhiyan / District Primary Education Programme shall be deemed to be within age limit, had they been within the age limit when they were initially engaged even though they may have crossed the age limit at the time of direct recruitment. (vi) that the upper age limit mentioned above shall be relaxed by a period equal to the service rendered in the NCC in the case of Cadet instructors and if the resultant age does not exceed the prescribed maximum age limit by more than three years, they shall be deemed to be within the prescribed age limit, vii) that the Released Emergency Commissioned Officers and Short Service Commissioned Officers after release from the Army shall be deemed to be within the age limit even though they have crossed the age limit when they appear before the Committee had they been eligible as such at the time of their joining the Commission in the Army, (viii) that there shall be no upper age limit in the case of widows and divorced women. The petitioners, in these petitions, are working as teachers with aided and non-aided recognised Educational Institutions. Their case is that for the purpose of consideration for appointment as Prabodhaks a teaching experience of five years is required and as per Rule 2 (k) of the rules of 2008 that may be of any recognised educational institution or project, thus, the persons working either with recognised institutions or with educational projects forms one class. The maximum age limit to be considered for appointment as Prabodhak as per the provisions of Rule 13 of the Rules of 2008 is 35 years, however, an indefinite age relaxation is given under proviso (v) to Rule aforesaid only to the persons serving in educational projects, therefore, the proviso is discriminatory. A claim is made to harmonise the provision by extending the same relaxation to the persons serving with the recognised institutions. On the other hand, as per the respondents the service under education projects referred in proviso (v) stands on absolutely different pedestal than to the persons serving with recognised institutions, thus, the classification made is reasonable. According to the respondents the education projects are part of various educational schemes introduced time to time and the persons serving with such projects are not having status of regular employee. These persons are getting consolidated honorarium and their service is co-terminus with project. The persons serving in various educational projects possess rich experience of teaching and motivating people for education in rural areas, therefore, irrespective of age their engagement as Prabodhak, who is to work in rural areas shall be in public interest. The nucleus of the controversy involved in these petitions is that whether the proviso (v) to Rule 13 of the Rules of 2008 is inconsistent to the Articles 14 and 16 of the Constitution of India being creating two classes among the persons working in the educational system of the State?
(3.) TO adjudicate the issue, an introduction of various educational projects and also position of the recognised educational institution in the State is required to be noticed. The Shiksha Karmi Project was initiated in the year 1987 as collaborating venture between the Government of India, Government of Rajasthan and Sweedon International Development Authority (SIDA ). To start with, during first phase the expenditure was to 90% paid by SIDA and 10% by the Government of Rajasthan, however, during second phase expenditure was shared equally between the SIDA and the Government of Rajasthan. The SIDA withdrew support for the project following the explosion to nuclear test by the Government of India in May, 1998, therefore, the British Development Aid Agency at a subsequent stage agreed to support phase three of the project. In Shiksha Karmi Project the education workers were engaged in the name of Shiksha Karmi to address the problem of teacher absentism, poor enrollment, high drop out trends and inadequate excess to education by training of local para teachers in remote, economically backward rural areas where formal primary schools are either non-existent or dias-functional. Shiksha Karmis/shiksha Sahyogis/para Teachers in the project aforesaid were not getting wages, but a fixed honorarium. Their engagement was co-terminus with the project. The Rajiv Gandhi Swarna Jayanti Pathshala Scheme was introduced to provide alternative and innovative education centers outside the regular formal schools. The persons appointed for the teaching at alternative schools/innovative education centers viz. Rajiv Gandhi Pathshala are education volunteers in the name of Shiksha Sahyogis or Para Teachers. Their service was also co-terminus to the project. They were also engaged with a consolidated honorarium. Rajiv Gandhi Pathshalas were set up for specific difficulty groups of out of school children for mainstreaming through the alternative and innovative education component. The scheme aforesaid as a matter of fact was introduced to execute the will of the legislature as introduced by insertion of Article 21-A of the Constitution of India in the terms that State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State may by law determine. ;