Rajasthan High Court - Jodhpur
Beeram Ram Choudhary vs State & Ors on 15 October, 2008
Author: Govind Mathur
Bench: Govind Mathur
1
S.B. CIVIL WRIT PETITION NO.6273/2008.
(BEERAM RAM CHOUDHARY VS. STATE & ORS.)
DATE OF ORDER : 15.10.2008.
HON'BLE MR. GOVIND MATHUR, J.
Mr. Deepak Nehra for the petitioner.
Mr. N.M. Lodha, Advocate General, for the respondents.
The petitioner submitted an application in the prescribed proforma to be considered for appointment as Prabodhak in district Jodhpur as per the provisions of Rajasthan Panchayati Raj Prabodhak Service Rules, 2008, however, his candiature was rejected on the count that he was not having required teaching experience. The petitioner, while assailing validity of the decision of the respondents, has placed on record a copy of the experience certificate issued by the Secretary, Shri Mahesh Shikshan Sansthan, Jodhpur, verified by the District Education Officer (Secondary), Jodhpur, certifying employment of the petitioner with Shri Mahesh Shikshan Sansthan, Jodhpur from 08.07.2003 to the last working day of the educational session, from 01.07.2004 to the last working day of educational session, from 01.07.2005 to the last working day of the educational session and from 01.07.2006 to till today. From perusal of the contents of the certificate, it appears that since 2 08.07.2003, the petitioner is in employment of Shri Mahesh Shikshan Sansthan and the break in service is only for the period during which the educational institution was closed because of summer vacations.
The period of summer vacations cannot be treated as a break in service as during this period, the employee remains out of employment due to the circumstances beyond his control. As such, non-consideration of the candidature of the petitioner for the purpose of appointment as Prabodhak on the count that he is lacking experience is not just and proper.
The petition for writ, therefore, is allowed. The District Education Officer (Secondary), Jodhpur is directed to consider candidature of the petitioner for the purpose of appointment as Prabodhak by treating him a person having five years teaching experience. If the petitioner is otherwise eligible and also stands in select list as per merit, appointment as Prabodhak be accorded to him.
(GOVIND MATHUR)J. Anil/