MAHESH CHAND BARETH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted in SLP (Civil) No. 34742 of 2013 and SLP (Civil) No. 34663 of 2013.

(2.) This batch of 47 appeals involves common questions of law. They arise from the judgments of the Division Bench of the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur. The main appeal, namely, Civil Appeal 7906 of 2010 (Mahesh Chand Bareth and Anr. Vs. State of Rajasthan and Ors.) (hereinafter referred to as 'Mahesh Chand Bareth') arises out of a judgment of the Division Bench of the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur in D.B. Civil Special Appeal No. 402 of 2009 dtd. 21/5/2010. The other matters arise out of the same batch as Mahesh Chand Bareth or out of the judgments relying on Mahesh Chand Bareth or based on the judgments which, in turn, relied on Mahesh Chand Bareth. By virtue of the said judgments, the appellants were denied relief. The appellants challenged the selection of candidates to the post of "Prabodhak" (teacher) by virtue of advertisement issued on 31/5/2008. Recruitment and other service conditions for the post of Prabodhak are governed by the Rajasthan Panchayati Raj Prabodhak Service Rules, 2008 (hereinafter referred to as the 'Rules').

(3.) About 20060 vacancies were advertised and the vacancies came to be filled up soon thereafter. The grievance of the appellants is that their candidature should also be considered for the appointment on the post of 'Prabodhak', by adopting similar criteria in the grant of bonus marks for teaching experience as was done in the case of the applicants who had experience of working in Government educational projects. Their further grievance is that Rule 13(v) of the Rules insofar as it provides for age relaxation to those persons serving under educational projects is a provision which is unconstitutional and invalid.