Break in Service Beyond 180 Days Disqualifies Candidates Without Specific Rule 40 Relaxation
In a significant ruling, the Rajasthan High Court at its Jaipur Bench has set aside an earlier order by a Single Judge concerning appointments to the post of Prabodhak under the Rajasthan Panchayati Raj Prabodhak Service Rules, 2008. The Division Bench, comprising Justices Inderjeet Singh and Sandeep Taneja, delivered its judgment on July 16, 2026, upholding the State of Rajasthan's appeal against the Single Judge's decision that had favored respondents with service breaks exceeding 180 days.
The case involved several writ petitions filed by Para Teachers whose applications for the Prabodhak position were denied due to breaks in their service history exceeding the permissible 180 days. They sought relief by drawing parallels to other candidates who allegedly received appointments despite similar service breaks.
The Single Judge had ruled in favor of the respondents, directing the state to appoint them and align their pay with other similarly situated candidates. This decision was appealed by the state, arguing that the respondents were ineligible under the 2008 Service Rules and that the alleged parity was unfounded, as exceptions were granted only after specific relaxations under Rule 40.
The Division Bench carefully examined the evidence, including a crucial letter from the Joint Director of Elementary Education, which contradicted the respondents' claims about the duration of leave taken by a comparator candidate, Smt. Raja Bai Solanki. The Bench emphasized that official communications from competent authorities should take precedence over information obtained under the Right to Information Act unless convincingly disproven.
Moreover, the Bench noted that no candidates, except one, received appointments with breaks exceeding the limit without specific relaxations, which the respondents neither sought nor justified in their petitions. The Court also highlighted that the post of Prabodhak had since been abolished, rendering the issue moot.
Concluding the matter, the Bench allowed the state's appeal, setting aside the Single Judge's order and dismissing the respondents' writ petitions, thereby reaffirming the importance of adhering to established service rules and procedures.
Bottom Line :
Appointment to the post of Prabodhak under Rajasthan Panchayati Raj Prabodhak Service Rules, 2008 - Candidates not fulfilling eligibility criteria due to a break in service exceeding 180 days cannot claim parity with others unless relaxation under Rule 40 is sought and granted.
Statutory provision(s): Rajasthan Panchayati Raj Prabodhak Service Rules, 2008, Rule 40, Right to Information Act, 2005
State of Rajasthan v. Amita Sharma, (Raj)(DB)(Jaipur Bench) : Law Finder Doc id # 2951813
