Rajasthan High Court - Jodhpur
Najakat Hussain & Ors vs . on 7 October, 2015
Author: Arun Bhansali
Bench: Arun Bhansali
1
S.B. CIVIL WRIT PETITION NO.11506/2015
Najakat Hussain & Ors.
Vs.
State of Rajasthan & Ors.
Date of Order :: 7.10.2015
HON'BLE MR. JUSTICE ARUN BHANSALI
Mr. BS Tanwar, for the petitioners.
Mr. S.S. Ladrecha, AAG, for the respondents.
........
It is submitted by learned counsel for the parties that the issue raised in the present writ petition is squarely covered by order of this Court in S.B. Civil Writ Petition No. 9957/2015 Neha Tailor vs. State of Raj. & Ors. decided on 01.10.2015.
This Court in the case of Neha Tailor (supra), has directed as under:-
"Viewed in light of the above orders, it is manifest that almost all controversies regarding the entitlement of various categories of aspirants claiming appointment as Vidhyalay Sahayak in the questioned recruitment process have already been settled by this Court.
As a result, neither any scope remains nor any extensive directions are required to be issued in this batch of writ petitions but still, in order to ensure that no confusion remains at any quarter:-
(A) It is made clear that the candidates, who gained experience in any school/scheme and in the position other than the ones provided in Rule 2(j) of the Rules shall not be entitled for consideration in view of the various judgments rendered by the Hon'ble Division Bench of this Court upholding the validity of the Rules as indicated above. At the same time, the candidates who gained the requisite experience as per Rule 2(j) while being engaged through placement agencies shall be entitled to be considered for selection. (B) The categories of persons, who gained experience while working as Preraks, Guest Faculty, Anganwadi Workers or in Bharati Foundation, in Maa-Badi Project, Bal-Badi Project, in Anaupcharik Shiksha Project, in Mukhyadhara Shiksha Project and in Water Conservation Project, shall not be entitled to be considered for selection in the questioned recruitment process.2
(C) Those, who have crossed the upper age limit as provided in Rule 15 and were not serving in any of the Govt. Schools/projects defined in Rule 2(j) of the Rules as on the date of the submission of the application forms, shall also not be entitled to be considered for selection.
(D) Those candidates, who gained experience while working in any of the schools/projects defined in Rule 2(j) of the Rules and were underage at the time of their initial entry in the earlier stint of service, will not be ousted from the zone of consideration in case presently, they are within the prescribed age limit i.e. 18 to 35 years.
The major hurdle faced by the aspirants was that despite fulfilling the requisite norms, they were not successful in uploading their online application forms in absence of the experience certificate in the prescribed proforma. The grievance raised by the candidates was that the concerned District Education Officers are not countersigning the experience certificates and therefore, they are being prevented from applying in the selection process despite being eligible.
This Court, by interim orders passed on different dates has already allowed the aspiring candidates to submit their offline application forms to the authorities but the final right of consideration has been made subject to the out come of these writ petitions.
Since the issues relating to numerous possible scenarios in relation to the recruitment, have already been settled with the decisions rendered by this Court in the abovementioned batches of writ petitions, it is now upto the authorities to either scrutinize the petitioners' offline applications or to devise a procedure by which online application forms of those candidates, who submitted offline applications under the interim directions of this Court can be procured so as to facilitate and expedite the scrutiny process.
The respondent authorities shall scrutinize the application forms by adopting a suitable method. The application forms of the eligible aspiring candidates shall not be rejected solely for the reason of not being accompanied with the experience certificate in the prescribed proforma. In such cases, the authorities shall get the experience certificates verified before proceeding with the selection. The experience certificates shall be accepted only subject to verification by the issuing authority.
In case, the candidature of a candidate is rejected for the reason that the experience gained by the concerned candidate is not covered within the ambit of Rule 2(j) of the Rules, then in such event, the brief reason of rejection shall be communicated to the candidate concerned as early as possible.
No order as to costs."
3In view of the above directions, the writ petition filed by the petitioner is also disposed of in the light and with a similar direction as in the case of Neha Tailor (supra) quoted hereinabove.
No order as to costs.
(ARUN BHANSALI), J.
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