SAROJ BILKHIWAL Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2009-5-19
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on May 04,2009

SAROJ BILKHIWAL Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

ASOPA, J. - (1.) Heard learned counsel for the petitioner.
(2.) Submission of learned counsel for the petitioner is that the experience of the petitioner has not been considered while considering his case for selection to the post of Probodhak for the reason that the departmental representative was not present in the selection process. He further submits that teaching experience for the purpose of direct recruitment gained in the supervisory capacity in any recognized educational institution has to be taken into consideration as per the definition of "teaching experience" given in the first part of Rule (2k) of the Rajasthan Panchayati Raj Prabodhak Service Rules, 2008, the second part of same Rule (2k) relating to "service" or "experience" gained after regular selection is applicable in case of promotion. Therefore, definition of service or experience given in second part is not applicable in case of interpreting the term experience in case of direct recruitment.
(3.) Before proceeding further, Rule 2(k) of the Rajasthan Panchayati Raj Prabodhak Services Rules, 2008 reads as under:- "2(k) "Teaching Experience" for the purpose of direct recruitment includes the experience gained in supervisory capacity in any recognised educational institution of project; "Service" or "Experience" wherever prescribed in these rules as a condition for promotion from one service to another or within the Service from one category to another or to senior posts, in the case of a person holding a lower post eligible for promotion to higher post shall include the period for which the person has continuously worked on such lower post after regular selection in accordance with rules promulgated.";


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