ATAR SINGH GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) We have heard learned counsel appearing for the petitioners and learned Additional Advocate General appearing for the respondents.

(2.) In this batch of writ petitions, heard at length, the petitioners have prayed to declare the Rules 15 and 25 of the Rajasthan Education Assistant Services Rules, 2013 (for short, "the Rules of 2013") ultra vires to the extent that it does not include the experience of petitioners working as Prerak/Nodal Prerak and in other category of employment on daily wages, contract or in temporary employment, for the purposes of providing weightage in awarding the bonus marks and age relaxation in recruitment to the post of Education Assistant vide advertisement issued on 30.5.2013, for direct recruitment on 33,689 posts of Education Assistants published by the Director, Primary Education, Rajasthan.

(3.) The petitioners in other writ petitions, heard together, have also claimed the similar reliefs in respect of alleged discrimination met out to them in excluding their experience for weightage in the selections, of variety of employments, namely, Mobile Teachers in the Schools run by Bharti Telecom under the Sarva Shikha Abhiyan, Computer Instructors in different Schools and Colleges in pursuance of the Policy of the State of Rajasthan to impart computer education in the Schools through the private Companies engaged to provide Computer Instructors alongwith computers on a fixed amount under the Integrated Scheme for Computer Education and ITC, Caregivers and Resource Teachers for physically challenged children under the Sarva Shiksha Abhiyan, Vidhyarthi Mitra under the Vidhyarthi Mitra Scheme, Lower Division Clerks/DPEP, Aanganwari Workers serving under Mahila Bal Vikas Yojna, Girl Child Motivators and Teachers appointed in private recognized institutions by Vidhyalaya Samities under the Non-formal Education Programme, employees serving in Kasturba Gandhi Residential Balika Vidhyalaya established under the Sarva Shiksha Abhiyan Scheme, Motivators in the Labour Schools run by the State Government, Prabodhak and the Teachers serving under the Lok Jumbish Programme of the State Government. All these categories of employees engaged in the Schools and institutions for facilitation of education of children in various Schemes have challenged their exclusion in the recruitment on 33,689 posts of Education Assistant under the Rules of 2013, for which an advertisement was published inviting applications on-line on 30.5.2013 by the office of the Director, Primary Education, Rajasthan, Bikaner.