GUPTA, J. - (1.) THE Rajasthan Public Service Commission, issued a notification Anx. 3 inviting applications for some posts of Jr. Lecturers/ist Grade Teachers. THE qualification required for the candidates to apply for the post was post graduate in respective subject and B. Ed. with five years teaching experience in the Sr. Higher Secondary School. In pursuance of this advertisement the petitio- ner who is M. A. in Political Science with B. Ed. degree and had 5 years' teaching experience, applied for the post. His application was entertained and he qualified the written examination held on 10. 4. 94. However, his candidature was cancelled by respondents no. 2 & 3 on the ground that he did not possess the requisite qualification of teaching experience after passing B. Ed. examination.
(2.) THE petitioner's case is that he had the experience of teaching and he had enclosed the certificate Anx. 6 regarding his teaching experience but the respondents are denying the candidature of the petitioner on the ground that his five years teaching experience was not posterior to the B. Ed. degree. It has been averred that the cancellation of the candidature by the respondents is arbitrary and illegal. It was prayed that the petitioner be declared entitled to appear for the interview held on 28. 4. 94 and he may be appointed on the post of Jr. Lecturer in the respondent department. In the reply filed by respondents no. 2 and 3 it has been averred that the petitioner did not have the experience of teaching after passing the B. Ed. examina- tion and therefore he was not eligible to be appointed on the post of Jr. Lecturer as per the Rules. No written reply has been filed by respondent no. 1. Mr. Singh, learned counsel for the petitioner vehemently contended that the Rules no where provide that the experience of teaching should be posterior to the passing of B. Ed. examination and therefore the petitioner was eligible to be appointed as Jr. Lecturer on the basis of the certificate Anx. 6 which was of 6 years 2 months & 10 days duration. He took me through the Rules and the schedule appended to the Rajasthan Educational Subordinate Service Rules, 1971 to emphasize that it is not necessary that 5 years teaching experience should be posterior to the passing of B. Ed. examination. He further contended that the court must proceed with the assumption that the legislature did not make mistake and the court cannot be justified to add words to state or read words into it which are not there. In support of his contentions he cited the cases of Dr. Asim Kumar Bose vs. Union of India (1), Dharam Vir vs. State of Rajasthan & Anr. (2) and P. K. Unni vs. Nirmala Industries & Ors. (3) Mr. Joshi, learned Sr. Advocate on the other hand contended that when there is a provision in the Rules of experience normally it should be interpreted to be taken as experience after acquiring the minimum qualification required and as the minimum qualification for becoming eligible for the post of Jr. Lecturer is B. Ed. , the teaching experience of prior period should not be held to be fulfilment of the eligibility criteria.
(3.) I have given my thoughtful consideration to the above contentions. In the notification Anx. 3 at Item No. 7 the educational qualification needed for the post has been recorded which is to the following effect :- V ljdkj }kkjk eku; f'k{kk esa fmxzh ;k fmiyksek rfkk lqlaxr fo"k; esa Lukrrdksrrj ,oa lsd. Mjh fo|ky;ksa ds Lrj ds rfkk blls ij ds Lrj ds fdlh eku;rk izkir lalfkku esa V/;kiu dk 5 o"kz dk Vuqhkoa** ;