1 S.B. CIVIL WRIT PETITION NO.6732/2008. (VIKRAM PAL SINGH VS. STATE & OTHERS) DATE OF ORDER : 23.10.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. Ramesh Purohit for the petitioner. Mr. A.K. Rajvanshy, AAG, for the respondents. The petitioner submitted an application to be considered for appointment as Prabodhak, however, his candidature was rejected on the count of deficiency in required experience. It is contended by learned counsel for the petitioner that the petitioner is having requisite experience as that is apparent from the experience certificate issued by the Head Master, Katyayni Madhyamik Vidhalaya, Surya Colony, Naya Gaon, district Pali and has been verified by Additional District Education Officer (Elementary) as well as the District Education Officer (Secondary), Pali. As per the respondents, the petitioner is not having requisite experience because of break in service during summer vacations. 2 This Court in Beeram Choudhary vs. State of Rajasthan and others (SBCWP No.6273/2008) decided on 15.10.2008 and also in Shankar Lal vs. State of Rajasthan and others (SBCWP No.6766/2008) decided on 15.10.2008 has taken a view that the period of summer vacations cannot be treated as a break in service as during this period, the employee remains out of employment due to the circumstances beyond his control. As such, the period aforesaid is required to be taken into consideration while determining the term of teaching experience. In view of the judgments referred above, the denial from consideration for appointment as Prabodhak in the instant matter is not just. Hence, the petition for writ deserves acceptance and, therefore, is allowed. The respondents are directed to consider candidature of the petitioner for the purpose of appointment as Prabodhak by treating him a person having the requisite experience. If the petitioner is otherwise eligible and if he stands in select list as per his merit, appointment be accorded to him. Compliance of the directions given above is required to be made within a period of two months from today. (GOVIND MATHUR)J. Anil/