Ran Singh S/o Shri Jeevraj Singh v. State Of Rajasthan, Through The Principal Secretary To The Government, Rural Development And Panchayati Raj Department (Panchayati Raj), Government Of Rajasthan, Secretariat, Jaipur
2022-03-15
SANDEEP MEHTA, VINOD KUMAR BHARWANI
body2022
DigiLaw.ai
ORDER : 1. By way of this writ petition, the petitioners have approached this Court with the following prayers: “a) by an appropriate writ, order or direction, the writ petition filed by the petitioners may kindly be allowed. (b) by an appropriate writ, order or direction, impugned amendment in Schedule-II to Rule 28 of the Rajasthan Rural Development & Panchayati Raj State and Subordinate Service Rules, 1998 to the extent it prescribes educational qualification of Graduation for promotion to the post of Assistant Secretary may kindly be declared as ultra vires to the mandate of Article 14 & 21 of the Constitution of India and accordingly, the same may kindly be struck down to that extent with a direction to the respondent authorities consider the candidature of the petitioners for further promotion on the basis of their seniority and experience forthwith. (c) by an appropriate writ, order or direction, impugned action on the part of the respondent authorities in not including 25% posts of Assistant Secretary which were reserved for promotion from amongst the Assistant Programme Officer in the remaining 75% posts on account of abolition of the posts of A.P.O. may also kindly be declared illegal and accordingly, they may kindly be directed to reserve 100% posts of Assistant Secretary for promotion from amongst Instructor and Panchayat Extension Officer forthwith. (d) by an appropriate writ, order or direction and in the alternative, the respondent authorities may kindly be directed to bifurcate 100% posts of Assistant Secretary for the purpose of promotion in equal ratio between ‘graduate’ and ‘non-graduate’ candidates holding the feeder post of Panchayat Extension Officer i.e. 50% for graduates and 50% for non-graduates and after bifurcation of the posts as aforesaid, the promotion on the post of Assistant Secretary from amongst the Instructor/Panchayat Extension Officer in equal ratio of ‘graduate’ and ‘non-graduate’ be made on the basis of their seniority on the feeder post as well as experience forthwith. (e) by an appropriate writ, order or direction, the respondent authorities may also kindly be directed to consider the case of the petitioners for promotion on the post of Assistant Secretary under the ‘non-graduate’ category and accordingly, provide them promotion on the said post from the date, the similarly situated persons have been promoted on the said post forthwith.
(e) by an appropriate writ, order or direction, the respondent authorities may also kindly be directed to consider the case of the petitioners for promotion on the post of Assistant Secretary under the ‘non-graduate’ category and accordingly, provide them promotion on the said post from the date, the similarly situated persons have been promoted on the said post forthwith. (f) by an appropriate writ, order or direction, impugned Letters dated 10.09.2018 (Annx.7) as well as dated 01.10.2018 (Annex.8) issued by the Joint Secretary and Deputy Commissioner, Rural Development & Panchayati Raj Department (Panchayati Raj), Jaipur may kindly be declared illegal and accordingly be quashed and set aside. (g) by an appropriate writ, order or direction, the respondent authorities may further kindly be directed to grant all other consequential benefits to the petitioners as per rules.” 2. The petitioners, who are working as Panchayat Extension Officer in the Panchayati Raj Department, have challenged the validity of the amendment in Schedule II of the Rajasthan Rural Development & Panchayati Raj State and Subordinate Service Rules, 1998 (hereinafter referred to as ‘the Rules of 1998’ for the sake of brevity) to the extent that the educational qualification of ‘Graduation’ from a University established by law in India has been prescribed for promotion to the post of Assistant Secretary, Zila Parishad. The petitioners have claimed that the Government should have bifurcated the recruitment to this post in two categories i.e. one ‘Graduate’ and the other being ‘non-Graduate’ while giving due weightage to the significant experience gained by the non-Graduates like the petitioners, while working as Panchayat Extension Officer. 3. Learned counsel Shri Mukesh Vyas representing the petitioners, submits that as 100% recruitment to the post of Assistant Secretary, Zila Parishad, is by way of promotion with the feeder post being Instructors/Panchayat Extension Officers, the bar of education qualification (Graduation) would create a rift in the cadre inasmuch as, incumbents like the petitioners, who are serving as Panchayat Extension Officers, for a number of years having secured appointment on their respective posts on the strength of qualification of Higher Secondary Examination, would be deprived of promotional benefits whereas, persons junior to them in their cadre would get a chance for promotion simply because they are possessing the qualification of Graduation.
He thus urged that the Schedule-II of the Rules, to the extent, it does not cater to the Non-Graduate candidates with due weightage to their experience, is unconstitutional and deserves to be amended so as to accommodate the petitioners and other employees placed at par. 4. We have heard and considered the submissions advanced by the petitioners’ counsel and, have gone through the averments made in the writ petition as well as the documents placed on record. The amended Schedule-II prescribing the qualifications for promotion to the post of Additional Secretary, Zila Parishad reads as below: Sr. No. Name of Post Source of recruitment with percentage Minimum Qualification & Experience for direct recruitment Post from which promotion is to be made Minimum qualification & experience for pomotion Rema rks Direct Promotion 1 2 3 4 5 6 7 8 1 Assistant Secretary Zila Parishad - 100% out of which 75% from Instructor/ Panchayat Extension Officer/ 25% from APO - Instructor/ Panchayat Officer/ Extension Officer/ APO Graduate from a University established by law in India with 5 years experience as Instructor/ Panchayat Extension Officer OR 10 years experience as Assistant Programme Officer (APO) - 1 Assistant Secretary Zila Parishad - 100% out of which 75% from Instructor/ Panchayat Extension Officer/ 25% from APO - Instructor/ Panchayat Officer/ Extension Officer/ APO Graduate from a University established by law in India with 5 years experience as Instructor/ Panchayat Extension Officer OR 10 years experience as Assistant Programme Officer (APO) - 5. Prima facie, from the very tenor of averments made in the writ petition, it becomes clear that the petitioners are trying to dictate the manner in which the State should lay down the criterion for selection on a particular post. The post of Assistant Secretary, Zila Parishad bears a great deal of responsibility and as such, prescribing the bare minimum educational qualification of ‘Graduation’ for filling up the post by in-house promotion from amongst the employees already working in the department, cannot be said to be arbitrary or unjust in any manner whatsoever. 6. Education is never confined by boundaries of age or time. Thus, we are of the firm view that rather than raising a grouse about higher qualification required for promotion, the petitioners would be better advised to enhance their educational capacity and acquire the degree of Graduation.
6. Education is never confined by boundaries of age or time. Thus, we are of the firm view that rather than raising a grouse about higher qualification required for promotion, the petitioners would be better advised to enhance their educational capacity and acquire the degree of Graduation. None of the arguments advanced by Shri Vyas, was sufficient to convince the Court that the amendment in Schedule-II whereby educational qualification for promotion to the post of Assistant Secretary, Zila Parishad has been prescribed as Graduation is arbitrary or unconstitutional in any manner. 7. It may be noted here that the petitioners made an abortive attempt to challenge this very amendment by filing a writ petition (D.B. Civil Writ Petition No.15746/2018) which had been withdrawn on 11.03.2019. It is manifest that this Court was not convinced with the arguments advanced by the petitioners’ counsel and hence, the writ petition was withdrawn and now, this second chance has been resorted to by the petitioners on the very same grounds which were put-forth in the earlier writ petition. 8. As a result, we find no merit in this writ petition which is dismissed as such. Stay application also stands rejected. 9. No order as to cost.