S.B.CIVIL WRIT PETITION NO. 1499/2009 Mohd. Shafi v. State of Rajasthan & ors. Date of order : 02.03.2009 HON'BLE MR. H.R.PANWAR, J. Mr. Sikander Khan for Mr. M.A.Siddiqui for the petitioner By the instant writ petition under Art. 226 of the Constitution the petitioner has challenged the requisite qualification of having five years' continuous teaching experience for appointment on the post of Prabodhak. The qualification for appointment on the post of Prabodhak has been provided as per the Schedule to Rajasthan Panchayati Raj Prabodhak Service Rules, 2008 (for short 'the Rules of 2008' hereinafter), wherein the post of Prabodhak is to be filled 100% by direct recruitment and the qualification for recruitment to the post of Prabodhak has been prescribed in the Schedule which reads as under : S.No. Name of Method of Qualification and experience Remarks Post Recruitment for direct recruitment. with percentage 2. Prabodhak 100% by Senior Secondary School Certifi - direct cate or intermediate or its equi- Recruitment. valent with Diploma or Certifi - cate in basic teachers training of a duration of not less than two years or Diploma or certificate in elementary teachers training of a duration of not less than two years. OR Bachelor of Elementary Education (B.EI.) Ed) OR Graduation with Bachelor of Education (B.Ed.) or its equivalent. AND Must have at least 5 years continuous teaching experience without any break in any recognised educational institution/ educational projectSBCW 1499- 2009 - 2 - Apart from educational qualification a candidate applying for the post of Prabodhak must have at least 5 years continuous teaching experience without any break in any recognised educational institution/educational project. In the instant case the petitioner does not possess five years' continous teaching experience without any break in any recognised educational institution/educational project. Therefore, the petitioner seeks to declare the condition requiring a candidate having five years experience for the post of Prabodhak as ultra vires. I have heard learned counsel for the petitioner. The appointment on the post of Prabodhak is made under the Rules of 2008 and those para teachers who have experience of teaching in various schools like Rajiv Gandhi Schools etc. are required to furnish a certificate that they have five years' teaching experience without any break in any recognised educational institution/educational project. In my opinion, prescribing such condition for appointment on the post of Prabodhak in any manner cannot be arbitrary. On the contrary, it has reasonable nexus with the object sought to be achieved by providing regular appointment to those who have been serving for five years. In these circumstances, therefore, I do not find any merit in the writ petition. The writ petition is accordingly dismissed. The stay application also stands dismissed. (H.R.PANWAR), J. Smathur