1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B.Civil Writ Petition No. 10144/2008 Santosh Jain Vs. State of Rajasthan and Others ......... Date of Order : 26/02/2009 P R E S E N T HON'BLE MR. JUSTICE H.R.PANWAR Mr. Kuldeep Mathur, for the petitioner. Mr. R.L.Jangid, Addl. Advocate General for the respondents. BY THE COURT By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondents to consider her candidature for appointment on the post of Prabodhak and grant appointment if she is otherwise found eligible. Along with the writ petition, the petitioner has annexed Annex.1 Teaching Experience Certificate issued by the office of Additional District Education Officer Cum Block Elementary Education Officer, Panchayat Samiti, Sirohi. On perusal of the certificate, it appears that it shows that the petitioner had experience of the period mentioned therein and the break-up period of the days monthwise has been given in the certificate. The total experience is said to have been of 5 years 2 and 11 months but according to the break-up period given in the certificate, it is not in continuity. A reply to the writ petition has been filed by the respondent State stating therein that the petitioner does not possess the five years continuous teaching experience as required under the Rajasthan Panchayati Raj Prabodhak Service Rules, 2008. However, along with reply, order No.प.20 (22) पश/ 2005 पट dated 01.01.2009 Annex.R/1 has been placed on record whereby certain guidelines have been issued by the State Govt. for considering the period of teaching experience and in respect of the applicants who remained indoor patient and who underwent training, it has been provided that such period shall not be treated as break in service and further it has been provided that maximum break period will be of 180 days on account of certain grounds mentioned therein. The grounds mentioned therein are six in number viz. (1) applicant's own and his family member's sickness, a maximum period of 20 days in a year for which no medical certificate is required, (2) Marriage of the applicant or family members or on account of death in his family, (3) Natural calamities or riots etc., (4) On account of the institution having remained closed by the order of the Govt. (5) the period during which the applicant was required to appear in the Court and (6) Any other reasons to the satisfaction of the appointing authority. On the basis of order Annex.R/1, the 3 Director, Elementary Education, Rajasthan Bikaner, issued an order to all the Dy. Directors and District Education Officers (Elementary Education) dated 02.01.2009 (Annex.R/2). In this view of the matter, in my view, it would be appropriate to permit the petitioner to make a detailed representation in the light of the orders of State Govt. Annex.R/1 and Annex.R/2 dated 1.1.2009 and 2.1.2009 respectively to the respondent No.2, District Education Officer, Elementary Education, Sirohi within 15 days from today stating all relevant facts as required by order dated 01.01.2009 and if such a representation is made, the respondent No.2 District Education Officer, Elementary Education, Sirohi shall consider and decide the same strictly in accordance with law and more particularly keeping in view the orders Annex.R/1 dated 1.1.2009 and Annex.R/2 2.1.2009. It shall be open for the respondent to demand the original documents and other relevant facts from the petitioner to get satisfied about her claim for break in service on the grounds mentioned in order dated 1.1.2009 relating to teaching experience, leave etc. With these directions, the writ petition stands disposed of. (H.R.PANWAR), J. rp 4 S.B.Civil Misc. Stay Petition No. 17399/08 In S.B.Civil Writ Petition No. 10144/08 Date of Order : 26/02/2009 HON'BLE MR. H.R.PANWAR,J. Mr. Kuldeep Mathur, for the petitioner. Mr. R.L.Jangid, Addl. Advocate General for the respondents. Since the writ petition itself has been disposed of, the stay petition also stands disposed of. (H.R.PANWAR), J. rp