Rajasthan High Court - Jaipur
Sunil Kumar Soni vs State (Panchayati Raj Dep ) Ors on 10 January, 2012
Author: M.N. Bhandari
Bench: M.N. Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. Civil Writ Petition No.474/2012 (Sunil Kumar Soni Vs. State of Rajasthan & Ors.) Date of Order :: 10th January, 2012 HON'BLE MR. JUSTICE M.N. BHANDARI Mr.C.P.Sharma, for the petitioner. By the Court:
In this writ petition, grievance of petitioner is against the denial of appointment on the post of Prabodhak. This is precisely on the ground that he has not completed five years teaching experience as required under the Rajasthan Panchayati Raj Prabodhak Service Rules, 2008 (for short the Rules of 2008).
Learned counsel for petitioner submits that documents at Annex.2, i.e., the Experience Certificate dated 18.06.2008 shows five years teaching experience of petitioner, however, ignoring the aforesaid, the petitioner has been denied benefit of appointment on the post of Prabodhak. This is precisely after considering the document at Annex.2 showing teaching experience from 01.07.2003 till 18.06.2008 whereas subsequent certificate of experience dated 21.07.2011 (Annex.9) should have been considered by the respondents which shows more than five years teaching experience.
I have considered the submissions made by learned counsel and perused the record.
It is not disputed by learned counsel for petitioner that at the time of submission of application, experience certificate at Annex.2 showing teaching experience w.e.f. 01.07.2003 till 18.06.2008 was submitted by petitioner. The period aforesaid is less than five years whereas the Rules of 2008 provide five years continuous teaching experience. Admittedly, the petitioner had not completed required experience, as given in the certificate at Annex.2, rather much subsequent to the selection and appointments, petitioner obtained another certificate on 21.07.2011 knowing it well that appointments pursuant to the selection of 2008 have already been made. He represented his case for consideration. The aforesaid certificate dated 21.07.2011 was not submitted along with the application form so filed in the year 2008, thus question of consideration of subsequent certificate dated 21.07.2011 does not arrive moreso when last date for submission of application form was 20.06.2008. He had not completed five years of service by that time.
In the aforesaid circumstances, I do not find any illegality in the action of the respondents if petitioner was not found entitled for appointment on the post of Prabodhak for want of five years teaching experience. Subsequent certificate obtained by the petitioner cannot create right in his favour moreso when it was not before the Authorities concerned while the petitioner candidature was considered.
In the light of the aforesaid, the writ petition is found devoid of merit, hence, the same is dismissed so as the stay application.
(M.N. BHANDARI), J.
S/No.10 preety, Jr.P.A. All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Preety Asopa Jr.P.A