1 S.B.CIVIL WRIT PETITION NO.6893/2008 Shusheela Paliwal v. State of Rajasthan & Ors. Date of Order :: 16 th October, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. N.R.Choudhary, for the petitioner. Mr. N.M.Lodha, Advocate General. .... The petitioner, a Para Teacher, applied for appointment as Prabodhak in District Bhilwara, however, her candidature is rejected by the respondents on the count that she is not having continuous teaching experience for a period of more than five years. Being aggrieved by the same, this petition for writ is preferred with a contention that as per the experience certificate issued by the competent authorities and verified by the District Education Officer (Elementary Education), Bhilwara dated 11.6.2008 she is having an experience of teaching for more than a period of five years. It is stated by counsel for the petitioner that the petitioner was employed as Para Teacher on 1.5.2003 and, therefore, she is teaching from a term of more than five years. As such, the denial for 2 appointment by treating deficiency in experience is not proper. The petitioner has also given certain details regarding absence from duties during her service tenure and that reads as follows:- “the petitioner has remain on maternity leave for 120 days from 30.09.03 to 27.01.04, she delivered a baby child after under going surgery on 6.11.03 and resumed the duties on 28.01.04. Due to severe pain in abdomen she was forced to take 24 days leave w.e.f. 04.02.04 to 27.02.04 and resumed the duties on 28.02.04. Unfortunately she again fallen sick due to active fever and taken 24 days leave w.e.f. 20.03.04 and resumed the duties on 13.04.04. The copies of sick certificate dated 30.09.03, 04.02.04, 20.03.04 evidencing above facts are submitted herewith collectively and marked as ANNEXURE -4, 4A and 4B. It is submitted that petitioner again fallen sick in July 2004, January 2006 and december 2006 and remained on leave.” From perusal of factual position stated above, it appears that the petitioner remained on leave on medical grounds those are the reasons beyond her control. This Court in Beeram Ram Choudhary v. State of Rajasthan & Ors., SBCivil Writ Petition No.6273/2008, decided on 15.10.2008, has taken the view that if a person remained absent from duties or break in service for the reasons beyond his/her 3 control, then that period is required to be considered as a part of teaching experience acquired. The reasons for remaining absent from duties by the petitioner, in the instant matter also appears to be beyond her control. The denial to be considered for appointment as Prabodhak, therefore, on the count of deficiency in experience is not just. The petition for writ, therefore, is allowed. The respondents are directed to consider candidature of the petitioner for the purpose of appointment as Prabodhak in District Bhilwara and appointment be accorded to her as Prabodhak, if she is otherwise eligible and stands in select list as per her merit. ( GOVIND MATHUR ),J. kkm/ps.