RAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this writ petition, the petitioners have approached this Court with the following prayers:

(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.