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Judgment
Since the present bunch of writ pet it ions have the common issue and the reliefs sought by the petitioners are same, all the writ petitions are being disposed of by this order.
According to the petitioners, ''Sarva Shikshya Abhiyan'' is an educational project of both the Central Government and the State Government. The funding of the Project is done by the Central Government, but it is under the actual control of State Government. And some of the petitioners after having been appoint ed as Resources Teachers (Sandarbh Shikshak) or care givers by the respective District Education Officers of the State Government under the Sarva Shiksha Abhiyan, are serving in the Government schools since last 7 to 8 years. They are naturally looking forward to be employed in the State Government regular service. But their appointments in the Sarva Shiksha Abhiyan Project were made through placement agencies. Likewise some of the petitioners are appointed in Government schools as Computer Operators through placement agencies. They too are working since last many years and are expecting an opportunity to be employed in regular service by the Stat e Government.
The State Government has published an advertisement for filling up the large number of posts of Vidhyalay Sayahak. The petitioners have applied for these posts and, therefore, they are candidates.
The recruitment of Vidhyalay Sayahak is required to be done in accordance with the Rajasthan Vidhyalay Sahayak Subordinate Service Rules, 2015 (in short " the Rules"). These Rules have been framed by the Governor of Rajasthan in exercise of powers conferred under Article 309 of the Constitution. The nature of work of Vidhyalay Sahayak, as provided in Schedule-II of the Rules relates to Mid-day Meal-Supervision, Monitoring and Record keeping, Child Traking Survey, Student Dropouts Monitoring, School Building and Campus Sanitation, Supervision, Monitoring of Child Enrolment s in schools, Collection of DISE Datas (District Information System for Education) and any other non teaching work assigned by Authority. Vidhyalay Sahayak has, therefore, nothing to do with any teaching work in school.
Rule 16 of the Rules provides for academic and technical qualifications and experience. It reads as under:--
"16. Academic and technical qualifications and experience.--A candidate for direct recruitment to the post enumerated in the Schedule-I shall possess:--
(i) the qualifications and experience given in column 4 of the Schedule-I; and
(ii) working knowledge of Hindi writ ten Devnagri script and knowledge of Rajasthani culture."
Schedule-I appended to the Rules is as follows:--
Rule 25 deals with scheme of selection. It is quoted hereinbelow:--
"25. Scheme of Selection.--(1) The Committee shall award marks to the candidates, whose names included in the list prepared under rule 24, on the basis of such weightage as may be specified by the State Government for the marks obtained in qualifying examination mentioned in the Schedule-I and such marks as may be specified by the State Government having regard to experience of working in Stat e Government School, State Government Educational Projects (other than those engaged through placement agency) viz. Lok Jumbish Pariyojana/Sarva Shiksha Abhiyan/District Primary Education Programme/Rajiv Gandhi Pathshala/Shiksha Karmi Board and Madarsalisted under the Madarsa Board. After awarding marks, the Committee shall arrange the list in order of merit and five times candidates of the tot al number of vacancies category wise and district wise to be filled in, shall be called for interview.
(emphasis supplied)
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 merit list.
(2) The interview shall carry such marks as may be determined by the State Government. The Committee shall award marks to each candidate interviewed by it. The marks, so awarded, in interview, shall be added to the marks awarded to the candidate under sub-rule (1) above, for the qualifying examination and working experience. The Committee shall prepare final merit list on the basis of aggregate marks awarded to each candidate."
" Experience" is defined in Rule 2(j) of the Rules as under:--
"2(j) " Experience" wherever prescribed in these rules means the experience gained by Academic/Non-Academic work in State Government School/State Recognized Non-Government School/State Government Educational Project (other than those engaged through placement agency) viz. Lok Jumbish Parijoyna/Sarva Shiksha Abhiyan/District Primary Education Programme/Rajiv Gandhi Pathshala/Shikshakarmi Board and Madrasa listed under the Madrasa Board."
The main grievance of the petitioners is that since they are working in a Government Project and that too in Government schools, they cannot be denied additional marks having regard to their experience merely because they were engaged through placement agencies. It is for this reason they have challenged the validity of Rule 25 of the Rules to the extent it denies weight age of experience gained by the candidates while working in Sarva Shiksha Abhiyan on account of being engaged through placement agencies. The petitioners have also prayed for modification of definition of " Experience" in Rule 2(j) as well as the requirement of minimum experience of one year for direct recruitment to the post of Vidhyalay Sayahak, as provided in Rule 16 and Schedule-I, appended to the Rules.
Admittedly a coordinate Bench of the Principal Seat Jodhpur has already decided the issue vide order dated 28.08.2015, passed in a bunch of writ pet it ions including D.B. Civil Writ Pet it ion No. 8062/2015-Rajni Purohit v. The State of Rajasthan. The relevant operative part of the order reads as under:--
"17. In view of the above, it is held that by incorporating the word " other than those employed through placement agencies", the petitioners and similarly situated persons have been put to great disadvantage, even though they are on the same footing as persons directly employed by the State Governments under the various projects. Resultantly, the State Government has acted in a manner which is prejudicial and without any nexus or relation to the object sought to be achieved by the statute in question.
The above noted writ petitions are hereby allowed and in view of the discussion made herein above, Rule 25 of the Rules of 2015 to the extent that persons employed through placement agencies would not be given benefit of weightage, is declared illegal and ultra vires the Constitution. Consequently, Rule 25 of the Rajasthan Vidhyalay Sahayak Subordinate Service Rules 2015 is to read as under:--
"25. Scheme of Selection. - (1) The Committee shall award marks to the candidates, whose names included in the list prepared under rule 24, on the basis of such weight age as may be specified by the Stat e Government for the marks obtained in qualifying examination mentioned in the Schedule-1 and such marks as may be specified by the St at e having regard to experience of working in the St at e Government, St at e 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. After awarding marks, the Committee shall arrange the list in order of merit and five times candidates of the total number of vacancies category wise and district wise to be filled in, shall be called for interview.
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 merit list.
(2) The interview shall carry such marks as may be determined by the Sate Government. The Committee shall award marks to each candidate interviewed by it. The marks, so awarded in interview, shall be added to the marks awarded to the candidate under sub-rule (1) above, for the qualifying examination and working experience. The Committee shall prepare final merit list on the basis of aggregate marks awarded to each candidate."
Similarly , definition of ''Experience'' as enumerated in Section 2(j), is to read as under:--
"2(j) "Experience" wherever prescribed in these rules means the experience gained by Academic/Non-Academic work in Sate Government School/Sate Recognized Non-Government School/Sate Government Educational Project viz. Lok Jumbish Pariyojana/Sarva Shiksha Abhiyan/District Primary Education Programme/Rajiv Gandhi Pathshala/Shikshakarmi Board and Madrasa listed under the Madarasa Board."
The eligibility given under the Schedule-''''A" too stands amended according and that shall be as follows:--
"1. Senior Secondary (10+2) from recognized Board or its equivalent.
Minimum one year experience of working is essential in State Government School/Sate Recognized Non-Government School/Sate Government Educational Project viz. Lok Jumbish Pariyojana/Sarava Shiksha Abhiyan/District Primary Education Programme/Rajiv Gandhi Pathshala/Shikshakarmi Board and Madarsa listed under the Madarsa Board."
The respondents shall make necessary changes in the application format for recruitment under the notification pertaining to to enable the petitioners and the candidates alike to fill up the forms online.
In the light of above, the respondents are required to extend the experience/weightage to the persons employed through the placement agencies also."
The above-quoted order passed by the coordinate Bench is binding on us and we find no good ground to take a different view. We, therefore, allow the pet it ions to the extent and in terms of above-referred order dated 28.08.2015. It is stated by the learned Advocate General that SLP(Civil) No. 28996/2015- St at e of Rajasthan v. Mahendra Kumar has been filed against the order dated 28.08.2015, which is pending before the Supreme Court. We, therefore, make it clear that this order shall be subject to out come of any order passed by the Supreme Court in the SLP. A copy of the order be placed in each of the connect ed file.