JUDGMENT 1. :- Petitioners are seeking appointment to the post of Head Master, Secondary School in pursuance to the advertisement issued by the Rajasthan Public Service Commission vide notification dated 07/03/2002 with the following prayers : (i) may issue appropriate writ, order or direction declaring the clause with respect of experience of 5 years teaching as provided in Notification as well as in Column 4(b) in Group-F of Schedule appended to Rajasthan Service Rules, 1970 as ultra vires to the provisions of Article 14 and 16 of the Constitution of India; (ii) may issue appropriate writ order or direction directing the respondents to consider the candidature of the petitioners for the post of Head Master Secondary School on the basis of experience of teaching possessed by them." 2. Appointment to the post of Head Master is made under the provisions of the Rajasthan Educational Service Rules of 1970. The post is to be filled in 50% by direct recruitment and 50% by promotion. The minimum qualification and experience for direct recruitment has been provided under the Schedule to the above Rules of 1970 under which a candidate is required to possess the Bachelor,s Degree or diploma in education with an experience of teaching High/Jr. HSS/Hr. Sec. class for 5 years or experience of administrative charge of Middle Schools for 4 years and of teaching High-Jr. HSS/Hr. Sec. classes for 3 years; or Five years' experience on the post of Teacher Grade II or above under any of the Sections C, D, E and F of the Schedule appended to the Rajasthan Educational Subordinate Service Rules, 1971. 3. So far as the promotion is concerned, the same qualification and experience has been provided under the Rules. 4. Admittedly, the petitioners are not having the requisite experience of teaching High/Jr. HSS/Hr. Sec. Class for 5 years or the other experience as provided under the Rules, referred above. 5. The main grievance of the petitioners is that they have been appointed as Teacher Grade III and many persons who have been appointed as Teacher Grade III have been allowed to teach High/Jr. HSS/Hr. Sec. Classes in the Schools where they have been appointed, whereas the other persons appointed as Teacher Grade III as per their appointment may not be able to get the classes so as to gain the experience as required for the post in question. 6.
HSS/Hr. Sec. Classes in the Schools where they have been appointed, whereas the other persons appointed as Teacher Grade III as per their appointment may not be able to get the classes so as to gain the experience as required for the post in question. 6. It is always an exigency of service and depends upon the nature of school and the work available in the School where a particular person is appointed, either as Teacher Grade II-or Teacher Grade III. However, so far as the direct recruitment to the post of Head Master as per provisions of the Rules of 1970 is concerned, a particular teaching experience has been made necessary for appointment and all candidates, irrespective of their initial appointment, without alleging any discrimination, has to get the experience as required under the relevant Rules. Since the same teaching experience has been provided for direct recruitment as well as promotion quota, I find no infirmity in the relevant Rules. It is for the State Government to provide required qualification and experience for recruitment to a particular post which may depend upon the nature of work and also the report of the experts in this regard, if any. 7. After having considered entire facts and circumstances, since the petitioners are not having requisite experience as provided under the relevant Rules and also notified by the Commission in the advertisement in question, the prayers as made in the present writ petition cannot be accepted. 8. The writ is dismissed accordingly as having no merit.Petition dismissed. *******