B.P. DHARMADHIKARI, J.

1. Looking to the fact that this is a second petition and the urgency shown by parties, the matter has been heard finally with consent by issuing Rule, and making the same returnable forthwith. This Court has on 12.06.2018, taken note of the contention of petitioner that respondents cannot relax minimum qualification prescribed by Central Government for appointment to the post of Assistant Inspector of Motor Vehicle and directed respondents to maintain statusquo. The recruitment process therefore, is held up.

2. Relevant legal provisions to be looked into are Section 213 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the 1988 Act” for short), and the Assistant Inspector of Motor Vehicles, Group 'C' in Motor Vehicle Department (Recruitment), Rules, 2016 (hereinafter referred to as “the 2016 Rules” for short). Question is – Whether by 2016 Rules, the State Government has diluted minimum qualifications prescribed by Central Government as per Section 213[4] of the 1988 Act ?

3. It is not in dispute that the petitioner had earlier filed Writ Petition No. 7239/2017, before this Court and after hearing the counsel for the petitioner and learned Government Pleader, in view of the fact that no advertisement for recruitment was then published, Court gave petitioner leave to file appropriate representation, and directed respondents to decide it in next two months. One of us (B.P. Dharmadhikari, J) is party to that order.

4. After this order, petitioner preferred representation and on 01.02.2018, respondents relied upon Article 309 of the Constitution of India, as also adjudication by the Maharashtra Administrative Tribunal in Original Application No. 615/2017 and rejected the representation. It is after this, that on 26.06.2018, present Writ Petition came to be filed. Petitioner challenges the advertisement dated 30.01.2017 and advertisement dated 01.07.2017, as contrary to legal provisions.

5. Shri Khapre, learned counsel appearing on behalf of the petitioner submits that in Writ Petition No. 7239/2017, decided on 13.11.2017, the later advertisement dated 01.07.2017 was not questioned and also was not pointed out. On the contrary, this Court accepted statement made by the learned Government Pleader that there was no advertisement and hence, taking advantage of time becoming available, petitioner was asked to submit a representation. He contends that effort of this Court was to allow respondents to consider apparent illegality and to extend them an opportunity to correct the error. He has also taken us through the relevant provisions of Section 213[4] of the 1988 Act, to urge that said provisions requires Central Government to prescribe minimum qualification and accordingly those qualifications have been prescribed by the Central Government on 12.06.1989. As per it, the academic qualification as also working experience of one year mentioned in Clause [ii] and [iii] and requirement of holding a driving licence, authorizing holder to drive motor cycle, heavy goods vehicle and heavy passenger motor vehicles, is essential.

6. State Government has on 23.12.2016, framed Rules called as Assistant Inspector of Motor Vehicles, Group 'C' in Motor Vehicle Department (Recruitment), Rules, 2016, and in the process while adopting minimum qualification prescribed by the Central Government, also allowed certain exceptions by adding a proviso. He has invited our attention to facts pleaded in paragraph nos.6 to 11. He contends that respondents have diluted the minimum eligibility norms thereby enabling the candidates disqualified under Central Rules to compete and get recruited. Forcing eligible candidates to compete with such favoured incumbents is itself against Article 14 of the Constitution of India.

7. He submits that such persons recruited without qualifications are paid salary but are not given duties till they obtain necessary qualifications/experience. This is nothing but, burden on public exchequer. He has