CWP 1787 of 2008 20.4.2010 Present: Mr. Ajay Chandel, counsel for the petitioner. Ms. Ruma Kaushik, Addl. AG, for respondents 1 to 4. Mr. G.R.Palsra, counsel for respondent No. 6. The petitioner is aggrieved by the action of the respondents in not granting her marks in the interview held for selection to the post of Instructor, Cutting & Sewing. The petitioner has filed Annexure P-16, which is the result sheet of the interview showing that barring her, other two candidates have been granted 5 marks each for the experience including teaching work. Such marks have not been awarded to the petitioner, who has otherwise produced certificates of experience, Annexures P-9 to P-12. In reply, stand has been taken by the State as also by the private respondents that teaching experience, though not an essential, but a desirable qualification for being selected to the post of Craft Instructor/ Instructor, Allied Trade. Reliance is placed on Clause 7 of the Recruitment and Promotion Rules, which read: “ 7. Minimum educational & other Qualifications required for direct recruits: ESSENTIAL i) Matric with Sc. & Math from a recognized -2- University / Board or equivalent; ii) National Trade Certificate in the trade concerned or equivalent issued recognized by NCVT or National Apprenticeship Training Scheme (latter to be preferred). iii) For trades where CTI training facility is available. Craft Training Institute, training of at least one year duration in the trade concerned with at least two years experience in the trade concerned in an Industrial Training Institute or in reputed Industrial concern. For trades for which Craft Training Institute Training Facility is not available, At least 4 years experience in the Trade concerned in an Industrial Training Institute and or in a reputed Industrial concern. DESIRABLE Knowledge of customs and manner as dialects of H.P. suitability for appointment in peculiar condition prevailing in the Pradesh.” -3- A plain reading of the Rules shows that the Rule nowhere provides that the incumbent should possess teaching experience. May be since the post is one of an Instructor, the marks to be awarded at the interview for experience gained as a teacher, would be higher. However, it does not justify the non award of marks by the Interview Board for the experience gained by the petitioner. Learned counsel for the petitioner has also drawn the attention of this Court to Annexure P-18 which provides: “ OFFICE NOTE As per the Letter Diary No. 24133 dated 25.7.08 received from General Section, it is submitted that as per the Departmental Recruitment & Promotion Rules, two years experience is essential for filling up the post of Cutting & Sewing. The Experience certificate of any Private Institution(Gair Sansthan) is required to be attested by the Labour Inspector." Under these circumstances, this writ petition is allowed. A direction is issued to the State to reconsider the case of the parties afresh in accordance with law. Needless to say -4- that the marks to be awarded would be a matter to be determined by the respondents. There shall be no order as to costs. Pending applications shall stand disposed of. April 20, 2010(PC). (Dev Darshan Sud), J.