The High Court considered writ petitions challenging the exclusion of various category employees (caregivers, aanganwari workers, contract staff, etc.) from experience weightage and age relaxation under the Rajasthan Education Assistant Services Rules, 2013.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
D.B.Civil Writ Petition No.10038/2013
Atar Singh Gurjar & Ors. vs. State of Rajasthan & Ors.
Alongwith
other connected D.B.C.W.P.Nos:-
| 10107/2013, | 10108/2013, | 10211/2013, | |
|---|---|---|---|
| 10236/2013, | 10475/2013, | 10036/2013, | 10039/2013, |
| 10040/2013, |
10041/2013, |
10042/2013, |
10043/2013, |
| 10044/2013, | 10045/2013, | 10046/2013, | 10047/2013, |
| 10048/2013, | 10049/2013, | 10050/2013, | 10051/2013, |
| 10052/2013, | 10053/2013, | 10070/2013, | 10071/2013, |
| 10072/2013, |
10073/2013, |
10074/2013, |
10075/2013, |
| 10078/2013, | 10079/2013, | 10080/2013, | 10081/2013, |
| 10082/2013, | 10084/2013, | 10085/2013, | 10086/2013, |
| 10087/2013, | 10088/2013, | 10089/2013, | 10090/2013, |
| 10091/2013, | 10094/2013, | 10095/2013, | 10096/2013, |
| 10097/2013, | 10098/2013, | 10099/2013, | 10100/2013, |
| 10101/2013, | 10102/2013, | 10103/2013, | 10104/2013, |
| 10105/2013, | 10106/2013, | 10109/2013, | 10209/2013, |
| 10210/2013, | 10212/2013, | 10213/2013, | 10214/2013, |
| 10215/2013, | 10216/2013, | 10217/2013, | 10218/2013, |
| 10219/2013, | 10220/2013, | 10221/2013, | 10222/2013, |
| 10223/2013, | 10224/2013, | 10225/2013, | 10226/2013, |
| 10227/2013, | 10228/2013, | 10229/2013, | 10230/2013, |
| 10231/2013, | 10232/2013, | 10233/2013, | 10234/2013, |
| 10235/2013, | 10237/2013, | 10238/2013, | 10239/2013, |
| 10240/2013, | 10241/2013, | 10242/2013, | 10243/2013, |
| 10244/2013, | 10245/2013, | 10247/2013, | 10248/2013, |
| 10249/2013, | 10250/2013, | 10251/2013, | 10252/2013, |
| 10253/2013, | 10254/2013, | 10256/2013, | 10257/2013, |
| 10258/2013, | 10259/2013, | 10260/2013, | 10261/2013, |
| 10262/2013, | 10263/2013, | 10264/2013, | 10265/2013, |
| 10266/2013, | 10267/2013, | 10268/2013, | 10269/2013, |
| 10270/2013, | 10272/2013, | 10273/2013, | 10274/2013, |
| 10275/2013, | 10276/2013, | 10277/2013, | 10278/2013, |
| 10279/2013, | 10280/2013, | 10282/2013, | 10283/2013, |
| 10284/2013, | 10285/2013, | 10286/2013, | 10287/2013, |
| 10288/2013, | 10289/2013, | 10290/2013, | 10291/2013, |
| 10292/2013, | 10293/2013, | 10294/2013, | 10315/2013, |
| 10316/2013, | 10318/2013, | 10320/2013, | 10321/2013, |
| 10322/2013, | 10323/2013, | 10324/2013, | 10325/2013, |
| 10326/2013, | 10327/2013, | 10328/2013, | 10329/2013, |
| 10330/2013, | 10331/2013, | 10332/2013, | 10334/2013, |
| 10335/2013, | 10336/2013, | 10337/2013, | 10338/2013, |
| 10339/2013, | 10340/2013, | 10341/2013, | 10342/2013, |
| 10343/2013, | 10344/2013, | 10345/2013, | 10346/2013, |
| 10347/2013, | 10348/2013, | 10349/2013, | 10350/2013, |
| 10351/2013, | 10352/2013, | 10353/2013, | 10354/2013, |
| 10355/2013, | 10356/2013, | 10357/2013, | 10358/2013, |
2
10359/2013, 10360/2013, 10361/2013, 10362/2013, 10363/2013, 10364/2013, 10365/2013, 10366/2013, 10367/2013, 10368/2013, 10369/2013, 10370/2013, 10371/2013, 10372/2013, 10373/2013, 10374/2013, 10375/2013, 10377/2013, 10378/2013, 10380/2013, 10381/2013, 10383/2013, 10384/2013, 10385/2013, 10386/2013, 10387/2013, 10388/2013, 10389/2013, 10390/2013, 10391/2013, 10392/2013, 10393/2013, 10394/2013, 10395/2013, 10396/2013, 10399/2013, 10400/2013, 10401/2013, 10402/2013, 10403/2013, 10404/2013, 10405/2013, 10406/2013, 10407/2013, 10410/2013, 10411/2013, 10412/2013, 10413/2013, 10414/2013, 10415/2013, 10416/2013, 10417/2013, 10418/2013, 10419/2013, 10420/2013, 10421/2013, 10422/2013, 10423/2013, 10424/2013, 10425/2013, 10426/2013, 10427/2013, 10428/2013, 10429/2013, 10430/2013, 10431/2013, 10432/2013, 10433/2013, 10434/2013, 10435/2013, 10436/2013, 10437/2013, 10438/2013, 10439/2013, 10440/2013, 10441/2013, 10442/2013, 10443/2013, 10444/2013, 10445/2013, 10446/2013, 10447/2013, 10448/2013, 10449/2013, 10450/2013, 10451/2013, 10452/2013, 10454/2013, 10455/2013, 10456/2013, 10457/2013, 10458/2013, 10459/2013, 10460/2013, 10461/2013, 10462/2013, 10463/2013, 10465/2013, 10466/2013, 10467/2013, 10468/2013, 10469/2013, 10470/2013, 10471/2013, 10472/2013, 10473/2013, 10474/2013, 10476/2013, 10477/2013, 10478/2013, 10479/2013, 10480/2013, 10481/2013, 10482/2013, 10483/2013, 10484/2013, 10494/2013, 10495/2013, 10496/2013, 10501/2013, 10503/2013, 10504/2013, 10505/2013, 10506/2013, 10507/2013, 10508/2013, 10509/2013, 10510/2013, 10511/2013, 10512/2013, 10513/2013, 10514/2013, 10515/2013, 10516/2013, 10517/2013, 10518/2013, 10519/2013, 10520/2013, 10521/2013, 10522/2013, 10523/2013, 10524/2013, 10525/2013, 10526/2013, 10527/2013, 10528/2013, 10529/2013, 10530/2013, 10531/2013, 10532/2013, 10544/2013, 10545/2013, 10546/2013, 10547/2013, 10548/2013, 10549/2013, 10550/2013, 10551/2013, 10555/2013, 10558/2013, 10559/2013, 10560/2013, 10561/2013, 10563/2013, 10564/2013, 10565/2013, 10566/2013, 10567/2013, 10568/2013, 10569/2013, 10570/2013, 10571/2013, 10572/2013, 10573/2013, 10574/2013, 10575/2013, 10576/2013, 10577/2013, 10578 /2013, 10579/2013, 10580/2013, 10581/2013, 10582/2013, 10583/2013, 10584/2013, 10585/2013, 10586/2013, 10587/2013, 10588/2013, 10589/2013, 10590/2013, 10591/2013, 10592/2013, 10593/2013, 10594/2013, 10595/2013, 10596/2013, 10597/2013, 10598/2013, 10599/2013, 10600/2013, 10601/2013, 10602/2013, 11024/2013, 11574/2013, 11597/2013, 11598/2013, 11601/2013, 11603/2013, 11605/2013, 11612/2013, 11615/2013, 11616/2013, 11617/2013, 11619/2013, 11620/2013, 11621/2013, 11622/2013, 11624/2013, 11625/2013, 11626/2013, 11665/2013, 11666/2013, 11667/2013,
3
11669/2013, 11670/2013, 11672/2013, 11673/2013, 11674/2013, 11675/2013, 11683/2013, 11684/2013, 11685/2013, 11686/2013, 11687/2013, 11688/2013, 11689/2013, 11690/2013, 11691/2013, 11718/2013, 11785/2013, 11786/2013, 11790/2013, 11799/2013, 11801/2013, 11802/2013, 11803/2013, 11804/2013, 11805/2013, 11806/2013, 11807/2013, 11808/2013, 11809/2013, 11810/2013, 11811/2013, 11812/2013, 11813/2013, 11816/2013, 11817/2013, 11818/2013, 11824/2013, 11826/2013, 11837/2013, 11838/2013, 11839/2013, 11841/2013, 12023/2013, 12029/2013, 12059/2013, 12061/2013, 12062/2013, 12063/2013, 12064/2013, 12067/2013, 12068/2013, 12070/2013, 12071/2013, 12072/2013, 12084/2013, 12085/2013, 12086/2013, 12087/2013, 12088/2013, 12089/2013, 12090/2013, 12091/2013, 12092/2013, 12093/2013, 12094/2013, 12096/2013, 12097/2013, 12098/2013, 12099/2013, 12103/2013, 12104/2013, 12128/2013, 12129/2013, 12130/2013, 12131/2013, 12132/2013, 12133/2013, 12134/2013, 12135/2013, 12136/2013, 12137/2013, 12138/2013, 12139/2013, 12140/2013, 12141/2013, 12142/2013, 12256/2013, 12258/2013, 12262/2013, 12265/2013, 12354/2013, 12355/2013, 12356/2013, 12357/2013, 12358/2013, 12359/2013, 12360/2013, 12361/2013, 12362/2013, 12363/2013, 12364/2013, 12365/2013, 12366/2013, 12367/2013, 12368/2013, 12369/2013, 12370/2013, 12371/2013, 12372/2013, 12373/2013, 12374/2013, 12375/2013, 12376/2013, 12377/2013, 12378/2013, 12379/2013, 12402/2013, 12403/2013, 12404/2013, 12405/2013, 12406/2013, 12407/2013, 12408/2013, 12409/2013, 12410/2013, 12411/2013, 12412/2013, 12413/2013, 12429/2013, 12430/2013, 12431/2013, 12432/2013, 12433/2013, 12434/2013, 12435/2013, 12436/2013, 12437/2013, 12438/2013, 12439/2013, 12440/2013, 12441/2013, 12442/2013, 12443/2013, 12444/2013, 12445/2013, 12447/2013, 12448/2013, 12449/2013, 12450/2013, 12451/2013, 12452/2013, 12453/2013, 12479/2013, 12480/2013, 12481/2013, 12482/2013, 12483/2013, 12484/2013, 12485/2013, 12486/2013, 12487/2013, 12488/2013, 12489/2013, 12490/2013, 12491/2013, 12492/2013, 12493/2013, 12494/2013, 12495/2013, 12496/2013, 12497/2013, 12498/2013, 12499/2013, 12500/2013, 12501/2013, 12502/2013, 12503/2013, 12504/2013, 12505/2013, 12506/2013, 12507/2013, 12508/2013, 12509/2013, 12510/2013, 12532/2013, 12657/2013, 12658/2013, 12659/2013, 12660/2013, 12661/2013, 12662/2013, 12663/2013, 12664/2013, 12665/2013, 12776/2013, 12784/2013, 12786/2013, 12787/2013, 12788/2013, 12793/2013, 12795/2013, 12796/2013, 12797/2013, 12798/2013, 12799/2013, 12800/2013, 12802/2013, 12804/2013, 12805/2013, 12806/2013, 12807/2013, 12809/2013, 12810/2013, 12811/2013, 12812/2013, 12814/2013, 12816/2013, 12817/2013, 12819/2013, 12820/2013, 12823/2013, 12824/2013, 12826/2013, 12827/2013,
4
12828/2013, 12829/2013, 12830/2013, 12831/2013, 12832/2013, 12833/2013, 12834/2013, 12835/2013, 12921/2013, 12922/2013, 12923/2013, 12924/2013, 12925/2013, 12926/2013, 13034/2013, 13084/2013, 13106/2013, 13318/2013, 13556/2013, 13899/2013, 13933/2013, 13934/2013, 13935/2013, 13936/2013, 13937/2013, 13938/2013, 13941/2013, 13944/2013, 13946/2013, 13949/2013, 13950/2013, 13951/2013, 13952/2013, 13954/2013, 13955/2013, 13956/2013, 13957/2013, 13958/2013, 13959/2013, 13960/2013, 13961/2013, 13964/2013, 13969/2013, 13970/2013, 13971/2013, 13972/2013, 13978/2013, 13979/2013, 13980/2013, 13981/2013, 13984/2013, 13986/2013, 13987/2013, 13988/2013, 13990/2013, 13992,2013, 13993/2013, 13994/2013, 13996/2013, 13998/2013, 13999/2013, 14001/2013, 14002/2013, 14004/2013, 14005/2013, 14006/2013, 14007/2013, 14008/2013, 14009/2013, 14010/2013, 14011/2013, 14012/2013, 14013/2013, 14014/2013, 14015/2013, 14016/2013, 14017/2013, 14018/2013, 14019/2013, 14020/2013, 14021/2013, 14022/2013, 14023/2013, 14024/2013, 14025/2013, 14026/2013, 14027/2013, 14028/2013, 14029/2013, 14030/2013, 14031/2013, 14032/2013, 14033/2013, 14034/2013, 14035/2013, 14036/2013, 14037/2013, 14038/2013, 14039/2013, 14040/2013, 14041/2013, 14042/2013, 14043/2013, 14044/2013, 14045/2013, 14046/2013, 14047/2013, 14048/2013, 14049/2013, 14050/2013, 14051/2013, 14052/2013, 14053/2013, 14054/2013, 14055/2013, 14056/2013, 14057/2013, 14058/2013, 14059/2013, 14060/2013, 14061/2013, 14062/2013, 14063/2013, 14064/2013, 14065/2013, 14066/2013 14067/2013, 14068/2013, 14069/2013, 14070/2013, 14071/2013, 14072/2013, 14073/2013, 14074/2013, 14075/2013, 14076/2013, 14077/2013, 14078/2013, 14079/2013, 14080/2013, 14081/2013, 14082/2013, 14083/2013, 14084/2013, 14085/2013, 14086/2013, 14087/2013, 14088/2013, 14089/2013, 14090/2013, 14091/2013, 14092/2013, 14093/2013, 14094/2013, 14095/2013, 14096/2013, 14097/2013, 14098/2013, 14099/2013, 14100/2013, 14101/2013, 14102/2013, 14103/2013, 14104/2013, 14105/2013, 14106/2013, 14107/2013, 14108/2013, 14109/2013, 14110/2013, 14111/2013, 14112/2013, 14113/2013, 14114/2013, 14115/2013, 14116/2013, 14117/2013, 14118/2013, 14119/2013, 14120/2013, 14121/2013, 14122/2013, 14123/2013, 14124/2013, 14125/2013, 14126/2013, 14127/2013, 14128/2013, 14129/2013, 14130/2013, 14131/2013, 14132/2013, 14133/2013, 14134/2013, 14135/2013, 14136/2013, 14137/2013, 14138/2013, 14139/2013, 14140/2013, 14141/2013, 14142/2013, 14143/2013, 14144/2013, 14145/2013, 14146/2013, 14147/2013, 14148/2013, 14149/2013, 14150/2013, 14151/2013, 14152/2013, 14153/2013, 14154/2013, 14155/2013, 14156/2013, 14157/2013, 14158/2013, 14159/2013, 14160/2013, 14161/2013, 14162/2013, 14163/2013, 14164/2013,
5
| 14165/2013, 14169/2013 |
14166/2013, 14189/2013 |
14167/2013, 14264/2013 |
14168/2013, 14330/2013 |
|---|---|---|---|
| , 14520/2013, |
, 14522/2013, |
, 14537/2013, |
, 14538/2013, |
| 14540/2013, | 15946/2013, |
18378/2013, | 18384/2013, |
| 18428/2013, | 18843/2013, |
9772/2013, | 9773/2013, |
| 9776/2013, |
9798/2013, |
9816/2013, |
9817/2013, |
| 9821/2013, | 9843/201 | 3, 9844/201 |
3, |
| 9848/2013, | 9849/2013, 985 |
0/2013, 989 |
6/2013, |
| 9897/2013, | 9898/2013, 989 |
9/2013, 990 |
0/2013, |
| 9901/2013, | 9902/2013, 990 |
3/2013, 990 |
4/2013, |
| 9905/2013, 9 | 906/2013, 990 |
7/2013, 990 |
8/2013, |
| 9909/2013, 9 | 910/2013, 991 |
1/2013, 991 |
5/2013, |
| 9916/2013, 9 | 917/2013, 991 |
8/2013, 991 |
9/2013, |
| 9920/2013, 9 |
921/2013, 9922/2 |
013, 10603/2013 |
, 10604/2013, |
| 10605/2013, | 10606/2013, | 10607/2013, | 10608/2013, |
| 10609/2013, | 10610/2013, | 10611/2013, | 10612/2013, |
| 10613/2013, | 10614/2013, | 10615/2013, | 10616/2013, |
| 10617/2013, | 10618/2013, 106 |
19/2013, 106 |
20/2013, |
| 10621/2013, | 10622/2013, 106 |
23/2013, 106 |
24/2013, |
| 10625/2013, | 10626/2013, | 10627/2013, | 10628/2013, |
| 10629/2013, | 10630/2013, 106 | 31/2013, 106 |
32/2013, |
| 10633/2013, | 10634/2013, | 10635/2013, | 10636/2013, |
| 10637/2013, | 10638/2013, |
10639/2013, | 10640/2013, |
| 10641/2013, | 10642/2013, |
10643/2013, | 10644/2013, |
| 10645/2013, | 10646/2013, |
10647/2013, | 10648/2013, |
| 10649/2013, | 10650/2013, |
10651/2013, | 10653/2013, |
| 10654/2013, | 10692/2013, |
10693/2013, | 10699/2013, |
| 10701/2013, | 10702/2013, |
10703/2013, | 10704/2013, |
| 10705/2013, | 10706/2013, |
10707/2013, | 10708/2013, |
| 10709/2013, | 10710/2013, |
10711/2013, | 10712/2013, |
| 10713/2013, | 10714/2013, 107 | 15/2013, | 10716/2013, |
| 10717/2013, | 10718/2013, |
10719/2013, | 10720/2013, |
| 10721/2013, | 10722/2013, |
10723/2013, | 10724/2013, |
| 10725/2013, | 10726/2013, |
10727/2013, | 10728/2013, |
| 10729/2013, | 10730/2013, |
10731/2013, | 10732/2013, |
| 10737/2013, | 10738/2013, | 10739/2013, | 10740/2013, |
| 10741/2013, |
10742/2013, 107 |
44/2013, 107 |
45/2013, |
| 10746/2013, | 10747/2013, 107 |
48/2013, | 10749/2013, |
| 10750/2013, | 10751/2013, | 10752/2013, | 10753/2013, |
| 10754/2013, | 10755/2013, 107 |
56/2013, 107 |
57/2013, |
| 10758/2013, | 10759/2013, |
10760/2013, | 10761/2013, |
| 10762/2013, | 10763/2013, | 10764/2013, | 10765/2013, |
| 10766/2013, | 10767/2013, | 10768/2013, | 10769/2013, |
| 10770/2013, | 10771/2013, | 10772/2013, | 10773/2013, |
| 10774/2013, |
10775/2013, |
10776/2013, |
10777/2013, |
| 10778/2013, |
10779/2013, |
10780/2013, |
10781/2013, |
| 10782/2013, | 10783/2013,10784/ | 2013,10790/201 | , 10791/2013, |
| 10792/2013, | 10793/2013, |
10794/2013, | 10795/2013, |
| 10796/2013, | 10797/2013, |
10798/2013, | 10799/2013, |
| 10800/2013, | 10801/2013, | 10802/2013, | 10803/2013, |
| 10804/2013, | 10805/2013, |
10806/2013, | 10807/2013, |
| 10808/2013, | 10809/2013, |
10810/2013, | 10811/2013, |
| 10812/2013, | 10813/2013, |
10814/2013, | 10815/2013, |
| 10816/2013, |
10817/2013, |
10818/2013, |
10819/2013, |
| 10820/2013, | 10821/2013, |
10822/2013, | 10823/2013, |
10824/2013, |
10825/2013, |
10826/2013, |
10828/2013, |
6
10829/2013, 10830/2013, 10831/2013, 10832/2013, 10833/2013, 10834/2013, 10835/2013, 10836/2013, 10837/2013, 10838/2013, 10839/2013, 10842/2013, 10843/2013, 10844/2013, 10845/2013, 10846/2013, 10847/2013, 10848/2013, 10849/2013, 10850/2013, 10851/2013, 10852/2013, 10853/2013, 10854/2013, 10855/2013, 10856/2013, 10857/2013, 10858/2013, 10859/2013, 10860/2013, 10861/2013, 10862/2013, 10863/2013, 10864/2013, 10865/2013, 10866/2013, 10867/2013, 10868/2013, 10869/2013, 10870/2013, 10871/2013, 10872/2013, 10873/2013, 10874/2013, 10875/2013, 10876/2013, 10877/2013, 10878/2013, 10879/2013, 10880/2013, 10881/2013, 10882/2013, 10883/2013, 10884/2013, 10885/2013, 10886/2013, 10887/2013, 10888/2013, 10889/2013, 10896/2013, 10898/2013, 10899/2013, 10900/2013, 10904/2013, 10905/2013, 10906/2013, 10907/2013, 10908/2013, 10909/2013, 10910/2013, 10913/2013, 10914/2013, 10915/2013, 10916/2013, 10917/2013, 10918/2013, 10920/2013, 10921/2013, 10922/2013, 10923/2013, 10924/2013, 10925/2013, 10926/2013, 10927/2013, 10928/2013, 10929/2013, 10930/2013, 10931/2013, 10932/2013, 10933/2013, 10934/2013, 10935/2013, 10936/2013, 10937/2013, 10939/2013, 10940/2013, 10941/2013, 10943/2013, 10944/2013, 10945/2013, 10946/2013, 10947/2013, 10948/2013, 10949/2013, 10951/2013, 10953/2013, 10955/2013, 10956/2013, 10957/2013, 10958/2013, 10959/2013, 10968/2013, 10969/2013, 10970/2013, 10971/2013, 10972/2013, 10973/2013, 10974/2013, 10975/2013, 10976/2013, 10977/2013, 10978/2013, 10979/2013, 10980/2013, 10982/2013, 10983/2013, 10984/2013, 10985/2013, 10986/2013, 10987/2013, 10996/2013, 10998/2013, 10999/2013, 11000/2013, 11001/2013, 11002/2013, 11003/2013, 11004/2013, 11005/2013, 11006/2013, 11007/2013, 11008/2013, 11010/2013, 11011/2013, 11012/2013, 11013/2013, 11014/2013, 11015/2013, 11016/2013, 11017/2013, 11018/2013, 11019/2013, 11020/2013, 11021/2013, 11022/2013, 11023/2013, 11025/2013, 11026/2013, 11027/2013, 11028/2013, 11029/2013, 11030/2013, 11031/2013, 11032/2013, 11033/2013, 11034/2013, 11035/2013, 11036/2013, 11037/2013, 11038/2013, 11039/2013, 11040/2013, 11041/2013, 11042/2013, 11043/2013, 11044/2013, 11045/2013, 11046/2013, 11047/2013, 11048/2013, 11049/2013, 11050/2013, 11051/2013, 11052/2013, 11053/2013, 11054/2013, 11055/2013, 11056/2013, 11057/2013, 11058/2013, 11059/2013, 11060/2013, 11061/2013, 11062/2013, 11063/2013, 11064/2013, 11065/2013, 11066/2013, 11067/2013, 11068/2013, 11070/2013, 11075/2013, 11080/2013, 11081/2013, 11082/2013, 11083/2013, 11084/2013, 11085/2013, 11086/2013, 11087/2013, 11088/2013, 11089/2013, 11090/2013, 11091/2013, 11092/2013, 11093/2013, 11094/2013, 11095/2013, 11096/2013, 11097/2013, 11098/2013, 11100/2013, 11101/2013, 11102/2013,
7
11103/2013, 11104/2013, 11105/2013, 11106/2013, 11107/2013, 11108/2013, 11109/2013, 11110/2013, 11111/2013, 11122/2013, 11123/2013, 11124/2013, 11125/2013, 11126/2013, 11127/2013, 11128/2013, 11129/2013, 11132/2013, 11133/2013, 11134/2013, 11135/2013, 11136/2013, 11138/2013, 11139/2013, 11140/2013, 11141/2013, 11142/2013, 11143/2013, 11144/2013, 11145/2013, 11146/2013, 11147/2013, 11148/2013, 11149/2013, 11150/2013, 11151/2013, 11152/2013, 11153/2013, 11154/2013, 11155/2013, 11156/2013, 11157/2013, 11158/2013, 11159/2013, 11160/2013, 11161/2013, 11162/2013, 11163/2013, 11164/2013, 11165/2013, 11166/2013, 11167/2013, 11168/2013, 11169/2013, 11170/2013, 11171/2013, 11172/2013, 11173/2013, 11174/2013, 11175/2013, 11176/2013, 11177/2013, 11178/2013, 11179/2013, 11180/2013, 11181/2013, 11182/2013, 11183/2013, 11184/2013, 11185/2013, 11186/2013, 11187/2013, 11188/2013, 11189/2013, 11191/2013, 11192/2013, 11193/2013, 11194/2013, 11195/2013, 11196/2013, 11197/2013, 11198/2013, 11199/2013, 11200/2013, 11201/2013, 11202/2013, 11203/2013, 11204/2013, 11205/2013, 11206/2013, 11207/2013, 11208/2013, 11209/2013, 11210/2013, 11211/2013, 11212/2013, 11213/2013, 11220/2013, 11221/2013, 11222/2013, 11223/2013, 11224/2013, 11225/2013, 11226/2013, 11227/2013, 11228/2013, 11229/2013, 11230/2013, 11231/2013, 11232/2013, 11233/2013, 11234/2013, 11236/2013, 11237/2013, 11238/2013, 11251/2013, 11252/2013, 11253/2013, 11254/2013, 11255/2013, 11256/2013, 11259/2013, 11260/2013, 11261/2013, 11262/2013, 11263/2013, 11264/2013, 11268/2013, 11269/2013, 11270/2013, 11271/2013, 11272/2013, 11273/2013, 11274/2013, 11275/2013, 11276/2013, 11277/2013, 11278/2013, 11280/2013, 11281/2013, 11282/2013, 11283/2013, 11284/2013, 11285/2013, 11286/2013, 11287/2013, 11288/2013, 11289/2013, 11290/2013, 11291/2013, 11292/2013, 11293/2013, 11294/2013, 11295/2013, 11296/2013, 11297/2013, 11298/2013, 11299/2013, 11300/2013, 11301/2013, 11302/2013, 11303/2013, 11304/2013, 11305/2013, 11306/2013, 11307/2013, 11308/2013, 11309/2013, 11310/2013, 11315/2013, 11316/2013, 11317/2013, 11318/2013, 11319/2013, 11320/2013, 11321/2013, 11322/2013, 11323/2013, 11324/2013, 11325/2013, 11326/2013, 11327/2013, 11328/2013, 11329/2013, 11330/2013, 11331/2013, 11332/2013, 11333/2013, 11334/2013, 11335/2013, 11336/2013, 11337/2013, 11338/2013, 11339/2013, 11340/2013, 11341/2013, 11342/2013, 11343/2013, 11344/2013, 11345/2013, 11346/2013, 11347/2013, 11348/2013, 11349/2013, 11350/2013, 11351/2013, 11352/2013, 11353/2013, 11354/2013, 11355/2013, 11356/2013, 11357/2013, 11358/2013, 11359/2013, 11360/2013, 11361/2013, 11362/2013, 11363/2013, 11364/2013, 11365/2013, 11366/2013, 11367/2013, 11368/2013, 11369/2013,
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Date of judgment:
26.11.2014
9
PRESENT HON'BLE ACTING CHIEF JUSTICE MR. SUNIL AMBWANI HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA
Ms.Naina Saraf, Mr.Gaurav Sharma, Mr.Govind Choudhary, Mr.Tanveer Ahmed, Mr.Iliyas Khan, Mr.Govind Gupta, Mr.Govind Sharma, Mr.H.P.Bairwa, Mr.H.R.Kumawat, Mr.Hans Kumar Sharma, Mr.Hans Raj Kuldeep, Mr.Hanuman Choudhary, Mr.Hari Kishan Sharma, Mr.A.R.Meena, Mr. Hari Prasad Jangid, Mr. Harsh Saini, Mr. Hem Singh Rathore, Mr. Hemant Kumar Sharma, Mr. Hoshyer Singh, Mr. Imran Khan, Mr. Intjar Ali, Mr. Ishwar Jain, Mr. J.P. Gargey, Mr.Jai Kishan Yogi, Mr.J.R. Tantia, Mr.Jitendra Kumar Sharma, Mr.K.K. Binda, Mr.K.L. Meena, Mr.K.S. Faujdar, Mr. K.C. Sharma, Mr.K.C. Surela, Mr.K.K. Sahu, Mr.Kailash Choudhary, Mr.Kailash Sharma, Mr.Kamal Kumar Mathur, Mr.Kamal Singh Loha, Mr.Kamlesh Kumar Sahu, Mr.Kapil Gupta, Mr.Keshav Agarwal, Mr.Krishna Sharma, Mr.Krishna Swami, Mr.Kuldeep Aswal, Mr.Kuldeep Sharma, Mr.Lalit Sharma, Mr.Laxmi Kant Sharma, Mr.Lokesh Parihar, Mr.Lokesh Sharma, Mr.M. Aslwam, Mr.M.F. Baig, Mr.Bhupendra Pareek, Mr.Bhuvnesh Sharma, Mr.Bijendra Kumar Yadav, Mr.Brij Sharma, Mr.Brijesh Bhardwaj, Mr.C.J. Chopra, Mr.C.K. Jain, Mr.C.P.Sharma, Mr.C.S. Meena, Mr.C.M. Verma, Mr.Chain Singh Rathore, Mr.Champeshwar Goyal, Mr.D.C. Gupta, Mr.D.D. Khendelwal, Mr.D.P.Sharma, Dr.S.S. Rathore, Mr.D.S. Bagodia, Mr.D.S. Dhariwal, Mr.D.K. Dixit, Dr.Pushpendra Pal Singh, Dr. Saugath Roy, Mr.D.S. Kurka, Mr. Dilip Singh Jalod, Mr.Deepak Pareek; Mr.Devendra Kumar Bhardwaj, Mr. Devi Sahay Sharma, Mr.Devi Singh Choudhary, Mr. Dharmendra Barala, Mr.Dileep Sinsinwar; Mr. Dinesh Kumar Garg, Dr. P.C. Jain, Mr.F.R. Meena, Mr. G.L. Sharma, Mr.G.K. Bhardwaj, Mr.G.K. Sharma, Mr.Gajendra Sharma, Mr.Ganesh Chaturvedi, Mr.Ganesh Kumar Sharma, Mr.Ghanshyam Shama, Mr.Girraj Prasad, Mr. Gopal Gupta, Mr.A.A. Rathore, Mr.Ashish Sharma, Mr.Atish Jain, Mr. Abdul Rahim Khan, Mr.Ajay Gupta, Mr. Ajay Kumar Taneja, Mr.Ajay Rajawat, Mr.Ajay Singh, Mr.Ajeet Kumar Sharma, Ms.Akanksha Saxena, Mr.Akbar Khan, Mr.Akhil Simlote, Mr.Alam Bhardwaj, Mr.Alladeen Khan, Mr.Amit Kumar Jain, Mr.Amit Singh Shekhawat, Mr.Amrit Prasad Sharma, Mr.Anand Sharma, Mr.Anil Jain, Mr.Anil Kumar Sharma, Mr.Anil Vaishnav, Ms. Anita Khandalwal, Mr.Ankur Rastogi, Mr.Ankur Srivastav, Mr.Anshuman Saxena, Mr.Anup Agarwal, Mr.Anup Dhand, Mr.Sandeep Kumar Meena & Mr.Jagdish Nagar, Mr.Anurag Shukla, Mr.Arun Singh Shekhawat, Mr.Arvind Chawla, Mr.Arvind Kumar Arora, Mr.Arvind Sharma, Mr.Asgar Khan, Mr.Ashivindra Gautam, Mr.Ashok Bansal, Mr.Ashok Singh Shekhawat, Mr.Ashok Yadav, Mr.Atul Kumar Jain, Mr.B.D. Prakash Saini, Mr.B.C. Chirania, Mr.Ravi Chirania, Mr.B.M. Sharma, Mr.B.P. Sharma, Mr.Bal Kishan Saini, Mr.Balveer Singh Beniwal, Mr.Banwari Lal Saini, Mr.Banwari Sharma, Mr.Bharat Singh, Mr.Ravi Meena, Mr.Ravi Shankar Sharma, Ms. Rekha Arora, Mr.Rohit Sharma, Mr.Rohitashwa Kajla, Mr.S.D. Sharma, Mr.S. Gaharana, Mr.S.S. Hora, Mr.S.K. Saxena, Mr.S.L. Kumawat, Mr.S.M. Meena, Mr.S.N. Meena, Mr.S.N. Soorwal, Mr.S.R. Choudhary, Mr.S.S. Hasan, Mr. S.K. Pareek, Mr. S. Kalvania, Mr. Shailendra Balwada, Mr.Samay Singh, Mr. Smeer Shama, Mr.Sanchit Tamra, Mr. Sandeep Bhagwati, Mr. Sandeep Garssa, Mr. Sanjay Buri, Mr. Sanjay Mehla, Mr. Sanjay Sharma, Mr. Santosh Singh Shekhawat, Mr. Santosh Srivastav, Mr. Sarad Tanwar, Mr. Satendra Kumar Sharma, Mr. Satish Khandelwal, Mr. Satyapal Poshwal, Mr. Shashi Sharma, Mr.S.S.Shekhawat, Mr.Shrey Gaharana, Mr. Shribhan Gurjar, Ms. Shruti Pareek; Mr. Sitaram Samota, Smt. Shashi Choudhary, Mr. Sobhit Vyas, Mr. Subhash Bairwa, Mr. Subhash Sharma, Mr. Sudesh Kumar Pareek, Mr. Sudarshan Ladda, Mr.
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Sudhindra Kumawat, Mr. Surendra Kolari, Mr.Sultan Singh Kuri, Ms. Suman Sharma, Mr. Sumer Singh, Mr. Sumit Bishnoi, Mr.Sumit Choudhary, Mr. Sumit Jain, Mr. P.N. Paliwal, Mr. Pradeep Mathur, Mr. Pradeep Singh, Mr. Prahlad Sharma, Mr. Prashant Kumar, Mr. Praveen Sharma, Mr. Prem Chand Dewanda, Mr. Puman Chand Sharma, Mr. Puran Chand Verma, Mr. Pyarelal, Mr. R.A. Khan, Mr. R.B. Sharma Ganthola, Mr. R.D. Meena, Mr. R.D. Singh Naruka, Mr. R.K. Gouttam with Mr.G.S.Gouttam, Mr. R.D. Sharma, Mr. R.H. Bhardwaj, Mr. R.K. Saini, Mr. R.S. Sharma, Mr. Raghunandan Sharma, Mr. Rahmat Khan, Mr. Raj Kumar Kasana, Mr. Raj Kumar Sharma, Mr. Raja Ram Choudhary, Mr. Rajeev Sogarwal, Mr. Rajeev Vashishtha, Mr. Rajendra Prasad Sharma, Mr. Rajendra Sharma, Mr. Rajendra Soni, Mr. Rajesh Bhamboo, Mr. Rajesh Chandel, Mr. Rajesh Chaturvedi, Mr. Rajesh Mootha, Mr. Rajesh Parasar, Mr. Rajesh Sharma with Mr.Mahendra Pareek, Mr. Raj Kumar Goyal, Mr. Rajveer Sharma, Mr. Rakesh Arora, Mr. Rakesh Paliwal, Mr. Ram Babu Sharma, Mr. Ram Kapil, Mr. Ram Pratap Saini, Mr. Ram Rakh Sharma, Ms. Rashmi Jain, Mr. M.K. Tiwari, Mr. M. Bhardwaj, Mr. M.I. Abbasi, Mr.M.K. Chaturvedi, Mr. M.K. Goyal, Ms.Suman Sharma, Mr. Mahendra Shah, Mr.Vigyan Shah, Mr. Mahendra Sharma, Mr. Mahendra Singh Gurjar, Mr. Mamraj Jat, Mr. Manish Sharma, Mr. Manoj Awasti, Mr. Manoj K Sharma, Mr. Manoj Singh Raghav, Ms. Meenu Verma, Mr. Mohan Choudhary with Mr.Vimlesh Choudhary, Mr. Moharpal Singh Meena, Mr. M.S. Gothwal, Mr. Mukesh Kumar Goyal, Mr. Mukesh Puniya, Mr. Mukesh Sharma, Mr. Manish Bhardwaj, Mr. N.K. Saini, Mr. N.K. Singhal, Mr. Narendra Saini, Mr. Narendra Singh Handa, Mr. Naresh Gupta, Mr.Narpat Singh, Mr. Naval Singh Sikarwar, Mr. Naveen Bhuwan, Mr. Neeraj Joshi, Ms. Nidhi Khendlwal, Mr.Nikhilesh Katara, Mr. Niraj Joshi, Mr. Nitesh Kumar Garg, Mr.Nitish Bhagri, Ms. Nitu Dave, Mr.O.P. Jhajhria, Mr.O.p. Sharma, Mr.Omveer Singh Saini, Mr.P.K. Sharma, Mr.P.K. Dhakad, Mr. P. Mali, Mr. Pankaj Agarwal, Mr. Pankaj Sharma, Ms. Pradeep Lata Mathur, Mr. Pradeep Malik, Mr.Pradeep Kalwania, Mr. Pawan Kumar Sharma, Mr. Sumit Khandwal, Mr. Sunil Kumar Singodia, Mr. Sunil Kumar Jain, Mr. Sunil Kumar Saini, Mr. Surendra Mal, Mr. Suresh Dhenwal, Mr. Suresh Kumar, Mr. Suresh Kumar Pareek, Mr. Suresh Singh, Mr. Swaraj Panwar, Ms. Sweta Pareek Roy, Mr. T.C. Sharma, Mr. T.L. Pandey, Mr. Takat Singh, Mr. Tarun Jain, Mr. Om Shankar Pandey, Mr. Umesh Vyas, Mr. V. Kabra, Mr. V.S. Fojdar, Mr. Vibhor Sharma, Mr. Vidhut Gupta, Mr.Vijay Choudhary, Mr. Vijay Pathak, Mr. Vijendra Kumar Yadav, Mr.Vikash Jakhar, Mr.Viliyam Pathak, Mr. Vinay Panday, Mr. Vinayak Joshi, Mr.Vinod Goyal, Mr.Vinod Kumar Sharma, Mr.Vinod Sharma, Mr. Vivek Choudhary, Mr. Vivek Goyal, Mr. Y.K. Sharma, Mr.Yogendra Jain, Mr. Yogesh Singhal, Mr. Yunus Khan/
…........for the petitioners.
Mr.Dharamveer Tholia, AAG with Mr. Rajan Prajapati, Mr. Anurag Choudhary, Mr. Vikram Singh, Mr. Sumit Choudhary, Mr.Varun Choudhary and Mr. Himanshu Tholia.
….......for the respondents.
JUDGMENT
(Reportable) BY THE COURT (Per Hon'ble Sunil Ambwani, Actg.CJ)
11
12
employees engaged in the Schools and institutions for facilitation of education of children in various Schemes have challenged their exclusion in the recruitment on 33,689 posts of Education Assistant under the Rules of 2013, for which an advertisement was published inviting applications on-line on 30.5.2013 by the office of the Director, Primary Education, Rajasthan, Bikaner.
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rule (j) means the Rajasthan Education Assistant Service and under subrule(k), 'Experience' is defined as follows:-
“ (k) “Experience” wherever prescribed in these rules for the purpose of weightage means the experience gained in any Government school/Government Educational Projects viz. Lok Jumbish Pariyojana/Sarva Shiksha Abhiyan/District Primary Education Programme/Rajiv Gandhi Pathshala/Shiksha Karmi Board and Madarsa listed under the Madarsa Board.
Note:Absence during service e.g. training, leave, deputation and summer vacation etc. shall also be counted as service for computing experience required for the purpose of weightage.”
Under Rule (4), the nature of post (s) included in the service are as specified in column 2 of the Schedule. Rule 5 provides that the service shall consist of all persons recruited by the method laid down in Rule 6 of the Rules of 2013. The recruitment is provided in Part-III , which, includes in Rule 6, the method of recruitment to be made by direct recruitment and also includes compassionate appointment under Rule 7 to one of the dependents of a Member of the Armed Forces/Para Military Forces belonging to the State, who became permanently incapacitated on or after 1.4.1999 in any defence operations including counter-insurgency operations and operations against terrorists and other categories of the dependents of the Armed Forces, in the manner provided under sub-rule (4), with which we are not concerned.
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for which the qualifications for horizontal reservation is given in the explanation to Rule 11. The age limit is prescribed in Rule 15, which provides that for the posts enumerated in the Schedule, a candidate must have attained the age of 18 years and must not have attained the age of 35 years on the first day of January next following the last date fixed for receipt of applications, with relaxation under proviso (i)(a) for five years to the male candidates belonging to the Scheduled Castes, Scheduled Tribes, Backward Classes and Special Backward Classes, for five years under clause (b) in case of woman candidates belonging to the General Category and Economically Backward Classes and for 10 years under clause (c) in case of woman candidates belonging to the Scheduled Castes, Scheduled Tribes, Backward Classes and Special Backward Classes. The age relaxations are also provided under Rule 15 to various other categories of persons. In proviso (x), the age relaxation is provided to the following categories of persons, whose experience is provided for weightage in Rule 2(k) as follows:-:-
“ (x) the person serving under any Government school/Government Educational Projects viz. Lok Jumbish Pariyojana/ Sarva Shiksha Abhiyan/ District Primary Education Programme/ Rajiv Gandhi Pathshala /Shiksha Karmi Board and Madarsa listed under the Madarsa Board shall be deemed to be within age limit, had they been within the age limit when they were initially engaged even though may have crossed the age limit at the time of direct recruitment.”
Rule 16 provides for academic and technical qualifications and experience. Rule 16 and the Schedule are quoted below:-
“ 16. Academic and technical qualifications and experience.- A candidate for direct recruitment to the post enumerated in the Schedule shall possess.-
(i) the qualifications and experience given in column 4 of the
15
Schedule; and
(ii) working knowledge of Hindi written in Devnagri script and knowledge of Rajasthani culture.
SCHEDULE
| S. No . |
Name of the post |
Method of recruitment with percentage |
Minimum qualification and experience for direct recruitment |
Committee to recommend for direct recruitment to the post |
Remark |
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 |
| 1 | Education Assistant |
100% by direct recruitment |
Secondary from Board of Secondary Education, Rajasthan or its equivalent. |
1. District Education Officer (Elementary Education). 2. Additional District Education Officer (Secondary Education) 3. Nominee of Collector not below the rank of Tehsildar. |
- |
“ 25. Scrutiny of applications.- The Committee referred to in column 5 of the Schedule, shall scrutinize the applications received and merit shall be prepared by the Committee on the basis of such weightage as may be specified by the State Government for the marks obtained in minimum qualifying examination mentioned in the Schedule and such marks as may be specified by the State Government having regard to experience, exceeding one year acquired by persons other than those engaged through placement agency, working in any Government school/Government Educational Projects viz. Lok Jumbish Pariyojana/ Sarva Shiksha Abhiyan/ District Primary Education Programme/ Rajiv Gandhi Pathshala/ Shiksha Karmi Board and Madarsa listed under the Madarsa Board.
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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 the merit list.
Rule 26 provides for recommendations of the Committee and Rule 28 provides for selection by the Appointing Authority.
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Education Assistant by way of Direct Recruitment-2013 and invited applications on-line. All the eligible applicants including the petitioners, who are not eligible for weightage and/or are not entitled to the age relaxation, have challenged Rules 15 and 25 of the Rules of 2013 as well as the conditions of experience and age in the advertisement on the ground of discrimination violating their rights under Articles 14 and 16 of the Constitution of India.
18
marks to the extent of 30 marks at the 10 marks for each year of experience is excessive and unreasonable. The Division Bench of this Court held that the weightage to the experienced hands does not violate or frustrate the law laid down by the Hon'ble Supreme Court in Secretary, State of Karnataka V/s Uma Devi (supra), but the State of Rajasthan has, by providing 30 marks, given excessive and unreasonable advantage, which completely rules out the selections of meritorious candidates by direct recruitment and thus, confined these bonus marks with the cap of 15% and answered the question as follows:-
“As a consequent to the entire discussion above, our answers to the referred questions are as follows:-
(5) The grant of weightage in the form of bonus marks while making recruitment to the post in the services in question is not at all in contravention of the law laid down in the case of State of Karnataka v. Uma Devi (supra), and it is also not an effort to frustrate the law laid down in the case aforesaid; and
(6) The grant of bonus marks to the extent of 30 marks is unjust, arbitrary and unfair, hence, is declared illegal and is quashed. The State Government may grant the weightage in
19
the form of bonus marks against service experience within the cap of 15 marks.”
20
bonus marks, for experience gained on daily wages, adhoc and contractual employment is pending in the Supreme Court, we do not wish to express any opinion on the award of bonus marks either at 30 or with the cap of 15 marks and leave the question to be decided by any Division Bench or a Larger Bench, if it is necessary after the matter has been considered by the Apex Court.
Mitendra Singh Rathore and ors. V/s State of Rajasthan and
ors. (D.B.Civil Writ Petition No.1723/2013) and other connected matters decided on 30.7.2013. The Division Bench has in paragraphs 13, 14 and 15 held that the experience earned in the employment in the schemes run by the State Government, if such persons have been employed through the placement agencies, is not in any manner different than the experience of the persons employed otherwise than by a recruitment agency. The main requirement of the statutory weightage is the experience on certain posts in the schemes and not
21
the mode by which such employment was secured. The Division Bench was concerned with the recruitment of staff under the Rajasthan Panchayati Raj Rules, 1996 made under the Rajasthan Panchayati Raj Act, 1994. The Rules provide for appointment on the post of Lower Division Clerk, for which the experience on the post of Junior Technical Assistant, Junior Engineer, Gram Rozgar Sahayak, Data Entry Operator, Computer Operator with Machine, Lekha Sahayak, Lower Division Clerk, Coordinator IEC, Coordinator Training and Coordinator Supervision, other than through placement agency, in MGNREGA or any other scheme of the Department of Rural Development and Panchayati Raj in the State, was provided to be sufficient. The Rules however excluded the experience in service in respect of any of the aforesaid posts, where the employment has been secured through a placement agency. In paragraph 15, the Division Bench of this Court held as follows:-
“15. The distinction sought to be made with the persons employed through the placement agencies is that those were under the control of the placement agencies and, as such, necessary details pertaining to their experience were with the placement agencies only. Much emphasis is given by the respondents that the State Government or the Panchayati Raj Institutions, as the case may be, entered into agreement with the placement agencies leaving it open for the placement agencies to accomplish the task given through the persons employed by that agency without definite identification of the person concern by the Panchayati Raj Institution. The stand taken by the respondents is not at all acceptable at its face. It is not in dispute that the placement agencies are nothing but contractor to supply labour force. The roll of the labour force supplied through contractor is available with the principal employer i.e. the State Government and different Panchayati Raj Institutions who availed services of such persons through placement agencies. The State Government, as such, is having all necessary details with regard to the work done by the persons employed through the placement agencies. On having these details, measurement of the experience acquired by the
22
persons rendering service in MGNREGA or under different schemes relating to Department of Rural Development and Panchayati Raj can very well be assessed by the respondents. In any case, this procedural problem can not be a reason valid to make an unreasonable classification. At this stage it is also pertinent to note that the Panchayat Raj Institutions have already issued experience certificates to the persons employed through placement agencies.”
23
and thus the exclusion of weightage in such employments, causes hostile discrimination to the petitioners. Broadly speaking, it is stated that non-consideration or exclusion of experience gained by the following categories of persons for the purpose of giving weightage on the post of Education Assistant under the Rules of 2013, is discriminatory:-
24
that Resource Teachers and Caregivers continued till 15.5.2011 and from 1.7.2011, new Resource Teachers and Caregivers should be given appointment, had come up for consideration. Following the judgment of Single Bench of this Court in Mooli Devi Choudhary & ors. V/s State of Rajasthan & ors. (S.B.Civil Writ Petition No.6568/2010 decided on 25.8.2010 and reported in 2010 WLC (4) Raj. 334), where the case of Vidhyarthi Mitra had come up for consideration and it was held that Vidhyarthi Mitra do not have any right to hold the posts as their employment was of contractual nature, it was held by learned Single Judge that the Caregivers, who are not in possession of requisite qualification of the post of Resource Teacher, will have no right to continue, as the scheme/project has been changed and which does not provide for any Caregiver in the scheme/project. However, if the respondents try to engage any new persons, to undertake the work of Caregiver with different nomenclature, then the Caregivers will be given preference to continue. The respondents will also not engage the petitioners through the Placement Agency and they will be allowed to continue until the life of the project, but the respondents would be entitled to replace the petitioners by regularly selected appointees and in such case, the principle of ' last come first go' will be applied at district level. The respondents will be at liberty to discontinue the petitioners, if their services are not found to be satisfactory or they commit misconduct, while discharging their duties and further that they will not be entitled for salary of summer vacation.
25
agencies by the State Government. It was held that since no law has been enacted nor any guidelines or parameters have been made for selection through private placement agencies, therefore, the practice of giving away such contract by the State Government to the private placement agencies is unconstitutional and cannot be sustained and that such employees cannot be treated as employees of the private placement agencies, whether such projects are financed by the Central Government or the State Government or any other agency. The Court further held that Sarva Shiksha and Kasturba Gandhi Balika Vidhaylaya is not a project of limited tenure or period and thus, the non-availability of funds cannot be a ground to discontinue the said educational programmes and such programmes even with or without the change of name, have to be continued to give effect to the provisions of the Right to Children to Free and Compulsory Education Act, 2009 and Article 21A of the Constitution of India. With the Act of 2009 having coming into force, the appropriate Government should adopt the uniform employment policy for teachers and other staff. It was further held that fixed term contract of service for the Teachers in Sarva Shiksha Abhiyan or Kasturba Gandhi Balika Vidhyalaya Projects on year to year basis by different placement agencies with no assured continuity of employment, is not justified nor is a legally sustainable project.
26
other Acts. The State Government cannot over ride the qualifications laid down by the National Council for Teachers Education by prescribing any lower qualifications or any other tests for teaching in primary schools. In Shiv Kumar Sharma V/s State of U.P. & others (Civil Misc.Writ Petition No.12908 of 2013) and other connected matters, the Full Bench of Allahabad High Court presided by one of us (Hon'ble Mr.Justice Sunil Ambwani), had considered the question as to whether the Teacher Eligibility Test (TET) is an essential qualification, that has to be possessed by every candidate, who seeks appointment as a Teacher of elementary education in Classes 1 to 5 as per Notification dated 23.8.2010, which is within the powers of the NCTE under section 23(1) of the 2009 Act. It was held that imparting of compulsory and free education is part of a sovereign function after being included as a fundamental right under Article 21-A of the Constitution of India. Even otherwise its importance does not get diluted and as such the Central Government is under an obligation to provide free and compulsory education. The Central Government therefore in exercise of its competence has brought about a legislation and has conferred powers on the Academic Authority to execute the same. An amendment was brought in the National Council for Teacher Education Act, 1993 through Act No. 18 of 2011 enforced from 12th October, 2011 whereby the qualifications of school teachers under section 12-A was incorporated as follows:-
"12A. For the purpose of maintaining standards of education in schools, the Council may, by regulations, determine the qualifications of persons for being recruited as teachers in any pre-primary, primary, upper primary, secondary, senior secondary or intermediate school or college, by whatever name called, established, run, aided or recognised by the Central Government or a State Government or a local or other authority:
27
Provided that nothing in this section shall adversely affect the continuance of any person recruited in any pre-primary, primary, upper primary, secondary, senior secondary or intermediate schools or colleges, under any rule, regulation or order made by the Central Government, a State Government, a local or other authority, immediately before the commencement of the National Council for Teacher Education (Amendment) Act, 2011 solely on the ground of non-fulfilment of such qualifications as may be specified by the Council: Provided further that the minimum qualifications of a teacher referred to in the first proviso shall be acquired within the period specified in this Act or under the Right of Children to Free and Compulsory Education Act, 2009."
Thus, it was held by the Full Bench that in addition to the provisions of the Act of 2009, the amendment incorporated in Section 12A has reemphasised the authority of the National Council of Teacher Education to fix norms and qualifications that are to be possessed by Teachers of all categories of institutions including elementary education. It was thereafter, held as follows:-
28
had directed the State Government on 8.9.2014 to file an additional affidavit, giving out the duties and functions to be discharged by the Education Assistants. In response, an additional affidavit of Pradeep Kumar, District Education Officer (E.E.), Legal Jaipur-II has been filed in which the reliance has been placed on the declaration at point N,.180 of the budget of the year 2013-14 given by the then Hon'ble Chief Minister as follows:-
" शै��क ग�त�व�धय� को अ�धक �भावी बनाने के उ�े�य से �ारि�भीक �श�ा के अंतग�त " शै��क सहयक� " के एक नये संवग� क� म� घोषणा करता हूं 1 शै��क सहायक� �ारा मु�यत : �कूल नह�ं जाने वाले ब�च� का सव� कर , उ�ह� �कूल म� �वेश लेने हेतु �े�रत करने , �ॉपआउ�स क� �े�कंग करने एवं �मड - डे - मील �यव�था संभालने के साथ - साथ अनुशासन , �व�छता एवं सहशै��क ग�त�व�धय� के संचालन इ�या�द का काय� �कया जायेगा 1 आगामी वष� 40 हजार शै��क सहायक� के पद सृिजत कर , �नय�मत �नयु��यां क� जायेगी 1"
29
Abhiyan, Computer Operators in the Sarva Shiksha Abhiyan, employees under the Integrated Child Development Scheme (ICDS) , Aanganwari Workers , Caregivers under the Sarva Shiksha Abhiyan, Girl Child Motivators, Wardens, Assistant Wardens and other employees serving in Kasturba Gandhi Residential Balika Vidhyalaya, employees of the Labour Schools and Airtel Schools , is discriminatory. It is submitted that considering the nature of work, detailed as above in the additional affidavit filed by the State Government, in which the budget speech of the then Hon'ble Chief Minister of the year 2013-14 has been quoted, there is no rational or intelligible differentia in excluding the petitioners from the weightage to be given of 10 marks for each year of experience on completing one year, subject to total of 30 marks. It is submitted that considering the nature of duties and responsibilities to be performed by the Education Assistants, namely, the survey of children, who do not go to school, motivating the children to take admission in the primary schools, tracking the drop-outs, managing the mid-day meal and maintaining hygiene as well as coordinating and cooperating with the Teachers in the primary schools, all the petitioners have the requisite experience, as in the case of persons, who have gained experience in any Government School/Government Educational Projects viz. Lok Jumbish Pariyojana/Sarva Shiksha Abhiyan/District Primary Education Programme/Rajiv Gandhi Pathshala/Shiksha Karmi Board and Madarsa listed under the Madarsa Board. It is contended that there is absolutely no object to be achieved in excluding the petitioners' employment for the purposes of giving weightage to their experience, as also discriminating them in giving weightage in the age relaxation for the period for which they have served under proviso (x) of Rule 15 of the Rules of 2013.
30
judgment in State of Madhya Pradesh V/s Rakesh Kohli and anr. ((2012) 6 SCC 312), in which the Supreme Court has relied on its leading judgment in Mohd. Hanif Quareshi and Ors. v. State of Bihar (AIR 1958 SC 731) in reiterating that while dealing with the meaning, scope and effect of Article 14, to pass the test of permissible classification, two conditions must be fulfilled, namely, (i) the classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group, and (ii) such differentia must have rational relation to the object sought to be achieved by the statute in question. The classification might be founded on different basis, namely, geographical or according to objects or occupations or the like and what is necessary is that there must be a nexus between the basis of classification and the object of the Act under consideration.
”15....The courts, it is accepted, must presume that the legislature understands and correctly appreciates the needs of its own people, that its laws are directed to problems made manifest by experience and that its discriminations are based on adequate grounds. It must be borne in mind that the legislature is free to recognise degrees of harm and may confine its restrictions to those cases where the need is deemed to be the clearest and finally that in order to sustain the presumption of constitutionality the Court may take into consideration matters of common knowledge, matters of common report, the history of the times and may assume every state of facts which can be conceived existing at the time of legislation.”
31
So far as the eligibility of these Preraks mentioned under the above categories, such persons are engaged under a Scheme known as “Satat Shiksha Karyakarm”. The Non-Formal Educational Centers like this one, cannot be equated with the Primary School which are regularly run by the Education Department of the State Government. The nature of work of the persons engaged in such Non-Formal Education and the Primary School Teachers are not identical. The method of appointment, source of recruitment, method of teaching, hours of teaching and the mode of payment are entirely different.
The aforesaid view has been taken by the Hon'ble Apex Court in a judgment dated 19.07.1996, rendered by the Hon'ble Apex Court in the case of State of West Bengal & others Vs. Monirujjaman Mullick & ors., wherein the Hon'ble Apex Court was pleaded to decide the issue by observing under:-
“We are of the view that the non-formal education centers cannot be equated with the primary schools which are regularly run by the Education Department of the State Government. Apart from the basic qualitative differences between the two institutions even the nature of work of the non-formal instructors and the primary school teachers is not identical. The method of appointment, the source of recruitment, method of teaching, hours of teaching and the mode of payment are entirely different.”
Thus, the Preraks, broadly speaking, have not been included consciously under the provisions of the “Rajasthan Education Assistant Services Rules, 2013 (hereinafter referred to as the Rules of 2013.).
(i) Sarva Shiksha Abhiyan:
Computer Operators were appointed by placement agency on the basis of contract and these employees are working under Sarva Shiksha Abhiyan. The work of teaching has not been assigned to the above mentioned Computer Operators working in SSA.
(ii) Integrated Child Development Scheme (ICDS) ( म�हला एवंम बाल �वकास )
The candidate/employees were appointed by the different Gram
32
Panchayats, thus they are not covered under Rule 25. The employees working in ICDS relates to Women and Child Development, hence the employees working under ICDS do not teach. Therefore, their experience cannot be counted for the purpose of Education Assistant.
(iii) Literacy:
Prerak and Assistant Prerak are appointed by different Gram Panchayats, these employees are guided by Gram Panchayat, they are not directly related to Education Department.
(iv) Kasturba Gandhi Balika Vidhyalaya:
In the above mentioned Institutes Warden and Assistant Warden are appointed by the Placement Agency, the duty of the Warden is to look after the Hostlers and there is no work of teaching by these employees.
(v) Labour Schools:
In these schools the candidates/employees are appointed through placement agency, their work is to spread awareness to Labour Children towards education and also spread awareness/guidance to their parents about the education and study. These employees visit at the Chokhati where the labourers gather for daily labour and wages. These Labour Schools are run by the NGOs.
(vi) Airtel Schools
An MOU (Memorandum of Understanding) was executed between State Government and Bhartiya Foundation. This Bhartiya Foundation funded by Airtel Company adopted a few government schools in the District of Alwar and Jaipur. Under this MOU the government building of school is provided by State Government and Teacher and Staff are provided by the Bhartiya Foundation. These schools have been named as Satya Bharti Government Schools.
(vii) Care Giver under Sarva Shiksha Abhiyan (SSA)
These employees work for the betterment of visually impaired and handicapped children, their work is not directly related to teaching. Hence, their experience cannot be counted for the purpose of Education Assistant.
(viii) Anganbari Workers:
These Anganbari Workers are appointed by the respective Gram
33
Panchayats, they work for pre-school children. They help in bringing-up younger siblings so that the older siblings of the family may go to schools. These Anganbari Workers prepared the children so that they may go to school and their education may be started. These employees are not at all related to imparting of education in the government schools. Hence, there is no reason to count their experience for the purpose of Education Assistant.”
34
Constitution of India, the Supreme Court held in paragraphs 21, 24, 25, 27, 28 and 34 as follows:-
35
their entry into employment, such classification can be justified. Classification between direct recruits and promotees for purposes of promotion has been held to be reasonable in C. A. Rajendran v. Union of India.
“It may be stated that by way of deriving support for its finding that there had come into existence a complete integrated Judicial Service in the State of Kerala prior to February 12, 1973, the High Court has pointed out that in a Full Bench decision of that Court in P.S. Menon's case, (supra), the Full
36
Bench has in connection with the 1959 (Rules in G. 0. MS 851 dated September 24, 1959) observed that the said Rules had been framed for the absorption of the personnel, who were occupying the posts of District Magistrates and Sub Divisional Magistrates into the Civil Judiciary. The High Court has further pointed out that when P. S. Menon's case (supra) was carried to the Supreme Court in appeal, even this Court in its judgment has referred to the ad hoe Rules framed on February 11, 1966 as being meant for absorption of the Criminal Side Judicial Officers of the Travancore-Cochin Branch who were kept in the separate cadre into Civil Judiciary. The observations of the Kerala High Court in the Full Bench decision in connection with the 1959 Rules in G. 0. MS 851 and of this Court in connection with the 1966 ad hoc Rules are obviously correct, but, as discussed earlier., both these Rules had a limited operation effecting a partial absorption of such of the incumbents of the eleven posts which were kept in a separate cadre who were to be found suitable by the High Court into Civil Judiciary; but from this fact it is impossible to draw the inference that there had come into existence a complete integrated Judicial Service in the entire State of Kerala in the sense that all posts on the Magisterial Side had got integrated with those on the Civil Side. On the other hand the very fact that there have been in operation three separate sets of Rules, namely, (1) the Kerala State Higher Judicial Service Rules 1961 (dealing only with District and Sessions Judges) (2) the Kerala Subordinate Magisterial Judicial Sevice Rules 1962 and (3) the Kerala State Judicial Service Rules (Special Rules) of October 5, 1966, shows that there was no integration of the Judicial Magisterial posts with Judicial Civil posts. If that be so, there will be no question of singling out of certain posts from any integrated service for a separate, avenue of promotion under Exhs. PI and P2 respectively as contended for by the petitioner and the scheme of bifurcation as contained in Exhs. PI and P2 cannot be regarded as being violative of either-Art. 14 or Art. 16. In this view of the matter it is unnecessary for us to deal with the decision of this Court in State of Mysore v. Krishna Murthy & Ors. (supra), on which reliance was placed by counsel for the original petitioner, for, the ratio of that decision would be inapplicable to the instant case. in that case on an
37
examination of the Mysore State Accounts Services' 882 Cadre and Recruitment Rules, 1959, the High Court had come to the conclusion, which was accepted by this Court, that there was a clear and complete integration brought about between the P.W.D. Accounts unit and the Local Fund Audit. unit under the common administrative control of the Controller of State Accounts, the qualifications and status of the officers of the formerly separate units being identical, their work being of the same nature, the recruiting authorities being the same and the standards observed and tests prescribed for entry into the formerly separate units being identical and as such the impugned Notifications which resulted in a striking disparity in the promotional opportunities between the officers of the two wings in the, same category were struck down. In the instant case before us, we are clearly of the view that prior to the introduction of the scheme of bifurcation as per Exhs. PI and P2 a complete integrated Judicial Service in the State of Kerala in the sense that all Magisterial posts on the Criminal Side (all District Magistrates and Sub Divisional Magistrates) had got integrated with the posts of Sub Judges and Munsiffs on the Civil Side, had not come into existence and, therefore, in the absence of such a complete integrated Judicial Service having come into existence, it was open to the State Government to bifurcate the service into two Wings-Civil and Criminal-in the manner done under Exhs. PI and P2 respectively and to provide for a particular type of option specified therein and no violation of Arts. 14 and 16 is involved.'
38
that operate alike on all persons under like circumstances. The State in the exercise of its powers, has of necessity, to make laws operating differently for different groups or classes of persons within its territory to attain particular ends in giving effect to its policies, and it must possess for that purpose the large powers of distinguishing and classifying persons or things to be subjected to such laws. The classification need not be constituted by an exact or scientific exclusion or inclusion of persons or things. The Courts should not insist on delusive exactness or apply doctrinaire tests for determining the validity or classification. A classification is justified, if it is not palpably arbitrary.
“32. So far as Article 14 is concerned, the courts in India examined whether the classification was based on intelligible differentia and whether the differentia had a reasonable nexus with the object of the legislation. Obviously, when the courts considered the question whether the classification was based on intelligible differentia, the courts were examining the validity of the differences and the adequacy of the differences. This is again nothing but the principle of proportionality. There are also cases where legislation or rules have been struck down as being arbitrary in the sense of being unreasonable. [see Air India v. Nergesh Meerza (SCC at pp.372-373)]. But this latter aspect of striking down legislation only on the basis of “arbitrariness” has been doubted in State of A.P. v. McDowell and Co. ”
“22. Article 14 forbids class legislation but permits reasonable classification provided that it is founded on an intelligible
39
differentia which distinguishes persons or things that are grouped together from those that are left out of the group and the differentia has a rational nexus to the object sought to be achieved by the legislation in question. In re the Special Courts Bill, 1978 (1979) 1 SCC 380, Chandrachud, C.J., speaking for majority of the Court adverted to large number of judicial precedents involving interpretation of Article 14 and culled out several propositions including the following: (SCC pp.424-25, para 72)
(4) The principle underlying the guarantee of Article 14 is not that the same rules of law should be applicable to all persons within the Indian territory or that the same remedies should be made available to them irrespective of differences of circumstances. It only means that all persons similarly circumstanced shall be treated alike both in privileges conferred and liabilities imposed. Equal laws would have to be applied to all in the same situation, and there should be no discrimination between one person and another if as regards the subject-matter of the legislation their position is substantially the same.
(5) By the process of classification, the State has the power of determining who should be regarded as a class for purposes of legislation and in relation to a law enacted on a
40
particular subject. This power, no doubt, in some degree is likely to produce some inequality; but if a law deals with the liberties of a number of well defined classes, it is not open to the charge of denial of equal protection on the ground that it has no application to other persons. Classification thus means segregation in classes which have a systematic relation, usually found in common properties and characteristics. It postulates a rational basis and does not mean herding together of certain persons and classes arbitrarily.
(6) The law can make and set apart the classes according to the needs and exigencies of the society and as suggested by experience. It can recognise even degree of evil, but the classification should never be arbitrary, artificial or evasive.
(7) The classification must not be arbitrary but must be rational, that is to say, it must not only be based on some qualities or characteristics which are to be found in all the persons grouped together and not in others who are left out but those qualities or characteristics must have a reasonable relation to the object of the legislation. In order to pass the test, two conditions must be fulfilled, namely, (1) that the classification must be founded on an intelligible differentia which distinguishes those that are grouped together from others and (2) that that differentia must have a rational relation to the object sought to be achieved by the Act."
41
consideration of their experience causes discrimination violating Articles 14 and 16 of the Constitution of India.
T.N. ((2013) 2 SCC 772), the Supreme Court examined the concept of valid classification and held that a valid classification is based on a just objective. The result to be achieved by the just objective per-supposes, the choice of some for differential consideration/treatment over others. A classification to be valid must necessarily satisfy two tests. Firstly, the distinguishing rational has to be based on a just objective and secondly, the choice of differentiating one set of persons from another, must have a reasonable nexus to the objective sought to be achieved. Legalistically, the test for a valid classification may be summarized as a distinction based on a classification founded on an intelligible differentia, which has a rational relationship with the object sought to be achieved.
42
every state of facts, which can be conceived existing at the time of legislation.
43
by learned Single Jude of this Court in Rajeshwar Singh and ors. V/s State of State and ors. (S.B.Civil Writ Petition No.12448/2009 and other connected writ petitions decided on 15th September, 2011). Learned Single Judge held that since the State Government was not having requisite infrastructure in the shape of computer lab etc., to implement the policy for providing computer education, it framed a policy and invited tenders (for short, NIT) to engage a company to provide computers and adequate number of Computer Instructors. The Company has provided computers and Instructors and that some of the Instructors also taught computer subject, which is essential and compulsory subject in the syllabus of the Board of Secondary Education, Rajasthan, Ajmer for Classes-IX to XII. For considering the permanency of the requirement, learned Single Judge observed that it has become necessary for the State Government to do away with the system of engaging agency/company in computer and to sanction a cadre of Computer Instructors for which regular appointments can be made. Learned Single Judge did not interfere with the agreement, under which the Computer Instructors were working on a low amount of Rs.2000/- or 2500/- p.m. and recommended that even if the State Government wants to engage Computer Instructors with computers, the State Government must shoulder financial responsibility to increase the remuneration adequately. The judgment clearly shows that though the State Government is continuing with the policy of engaging Computer Instructors on contract through the private agency, and that such Computer Instructors are being paid ridiculously low wages, which is less than minimum wages for an unskilled labour, the Computer Instructors working under the Programme are not directly connected with school education and are not Government servants nor they are working under the direct control and supervision of the State Government. Their experience of teaching computer subject as well as
44
maintaining the computers, was not considered sufficient for giving them weightage for direct recruitment as Education Assistant. There is nothing wrong in the decision of the State Government to exclude such appointment for weightage of its experience under the Rules of 2013.
45
46
other benefits to the petitioners, is meritless.
(VEERENDR SINGH SIRADHANA),J. (SUNIL AMBWANI),ACTG.CJ.
Parmar
All the corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Shashi Kant Gaur, Proof Reader
3 issues framed by the court
Whether exclusion of experience of employees in non-formal education schemes, ICDS, and placement agency contracts from weightage under Rules 15 and 25 violates Articles 14 and 16.
Whether the classification of only direct State Government school employees for experience weightage is intelligible and fair under Article 14.
Whether granting age relaxation and weightage only to specific government school categories constitutes discrimination without rational nexus to recruitment object.
Colour shows how this judgement treated each authority
Secretary, State of Karnataka V/s Uma DeviFollowed¶10
(2006 (4) SCC 1) · Who else cites this
Satyabrata Sahoo & Ors. v. State of Orissa & Ors.Followed¶10
(2012) 8 SCC 203 · Who else cites this
V.N. Sunda Reddy & Ors. v. State of A.P. & Ors.Followed¶10
(1995 Supp (2) SCC 323) · Who else cites this
R.N. Nanjundappa v. T. Thimmaiah & Anr.Followed¶10
AIR 1972 SC 1767 · Who else cites this
Richhpal Singh v. State of RajasthanFollowed¶10
RLR 2005 (1) 607
Shashi Kumar Purohit etc. v. State of Rajasthan & Anr.Followed¶10
RLR 1989 (2) 217
State of Madhya Pradesh V/s Rakesh Kohli and anr.Followed¶130
(2012) 6 SCC 312 · Who else cites this
Mohd. Hanif Quareshi and Ors. v. State of BiharFollowed¶130
AIR 1958 SC 731 · Who else cites this
State of Kerala V/s N.M.ThomasFollowed¶165
(1976) 2 SCC 310 · Who else cites this
State of Kerala V/s M.K.Krishnan NairFollowed¶175
(1978) 1 SCC 552 · Who else cites this
Special Courts Bill, 1978, In reFollowed¶181
1979 (1) SCC 380 · Who else cites this
Om Kumar V/s Union of IndiaFollowed¶184
(2001)2 SCC 386 · Who else cites this
National Council for Teacher Educational V/s Shri Shyam Shiksha Prashikshan SansthanFollowed¶186
(2011) 3 SCC 238 · Who else cites this
Kallakkurichi Taluk Retired Officials Assn. V/s State of T.N.Followed¶198
((2013) 2 SCC 772) · Who else cites this
Dinesh Kumar Sharma & Ors. v. State of Rajasthan & Ors.Distinguished¶9
Dinesh Kumar Sharma & Ors. v. State of Rajasthan & Ors.
State of West Bengal & others Vs. Monirujjaman Mullick & ors.Followed¶139
State of West Bengal & others Vs. Monirujjaman Mullick & ors.
4 provisions across 1 enactments
Atar Singh Gurjar & Ors.
State of Rajasthan & Ors.
Sunil Ambwani
Veerendr Singh Siradhana
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