Petitioners sought promotion to Head Master, claiming Lab Assistant experience counted as teaching. The Court relied on a Supreme Court precedent, holding only Teacher Grade-III experience qualifies. Petition dismissed.
No promotion or recognition of Lab Assistant experience as teaching experience.
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THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
S.B. Civil Writ Petition No.6978/2003
versus
Date of Order : 22.09.2016
HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL
Mr. Devesh Sharma, counsel for petitioner. Mr. Shantanu Kumawat, counsel for respondents.
The petitioners, who are working as Lab Assistant, have sought a direction to the respondents to promote them on the post of Head Master.
The post of Head Master has to be filled 50% by direct recruitment and 50% by way of promotion from Teacher Grade-II and Teacher Grade-III in terms of the Rajasthan Education Service Rules, 1970.
It is the case of the petitioners that they were working as Lab Assistant and their experience should be counted as teaching experience to render them eligible for promotion to the post of Head Master. The respondents after consulting a committee of experts had come to the conclusion that the experience on the
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post of Lab Assistant cannot be termed as teaching experience entitling the incumbents for consideration for promotion to the post of Head Master.
A similar issue had come up before the Supreme Court in the case of Rajasthan Public Service Commission vs. Kaila Kumar Paliwal & Anr., reported as (2007) 10 SCC 260 wherein it was held that only experience gained by a person holding the post of Teacher Grade-III would render him eligible for consideration for promotion to the post of Head Master.
Therefore, there is no merit in the case of the petitioner that the experience gained on the post of Lab Assistant should be considered for appointment on the post of Head Master.
In the result, the petition being devoid of any merit stands dismissed.
(ANUPINDER SINGH GREWAL), J.
Sanjay Gaur Jr.PA 147
1 issue framed by the court
Whether experience as a Lab Assistant qualifies as teaching experience for promotion to the post of Head Master under the Rajasthan Education Service Rules, 1970.
Colour shows how this judgement treated each authority
Rajasthan Public Service Commission vs. Kaila Kumar Paliwal & Anr.Followed¶17
(2007) 10 SCC 260 · Who else cites this
2 provisions across 2 enactments
Sita Ram Meena
Sita Ram Yadav
The State of Rajasthan
The Rajasthan Public Service Commission
Anupinder Singh Grewal
As recorded by the court registry
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