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2022 DIGILAW 1030 (RAJ)

Subhash Chandra Choudhary v. State Of Rajasthan

2022-03-31

ARUN BHANSALI

body2022
JUDGMENT arun Bhansali, J. - This writ petition has been filed by the petitioners seeking a directions to the respondents to prepare the subject-wise seniority list prior to concluding the proceedings for promotion from the post of Prabodhak (Level-2) to Senior Prabodhak pursuant to the order dated 9.3.2022 and that order dated 9.3.2022 (annex.6) be quashed and set aside. 2. It is inter alia claimed by the petitioners that they were appointed Prabodhak under the Rajasthan Panchayati Raj Prabodhak Service Rules, 2008. Subsequent thereto, by way of amendment in the year 2013, based on the norms prescribed by NCTE, the Schedule attached to the Rules was amended, whereby, Level-1 and Level-2 were created based on the qualifications of the Prabodhak and presently the petitioners are Prabodhak Level-2. 3. Submissions have been made that as being done in the case of Teachers under the Rajasthan Education Service and Subordinate Service Rules, 2021 for promotion to the post of Senior Teachers, which is done subject-wise, the respondents be directed to make promotions on the post of Senior Prabodhak subject-wise. 4. Having considered the submissions made by the petitioners, who are present in person, it is apparent that the plea sought to be raised is contrary to the provisions in the Schedule to the Rules, 2008, wherein, the post of Senior Prabodhak is to be filled 100% by promotion and the feeder grade indicated is Prabodhak (??????? ??????). 5. The comparison sought to be made and directions sought based on the Education Service Rules is misplaced as under the said Education Rules, specific provision to make promotions subject-wise as per the Schedule has been provided. 6. In view thereof, in face of the present Rules, the plea sought to be raised by the petitioners cannot be countenanced. as the petitioners want that the promotions to the post of Senior Prabodhak must be based subject-wise, they have to question the validity of the existing provisions. 7. In view of the above, no case for interference is made out in the present petition. The same is, therefore, dismissed.