IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA, J.
Jai Prakash Joshi, S/o. Sh. Mahendra Lal Joshi - Appellant
Versus
State of Rajasthan, through the Secretary, Department of Local Self, Secretariat Rajasthan, Jaipur and Ors. - Respondents
S.B. Civil Writ Petition No. 664 of 2015
Decided On : 18-01-2022
Constitution of India, 1950 – Article 226 - Rajasthan Municipal (Subordinate and Ministerial Service) Rules, 1963 - Appointment on post of Junior Engineer - Petitioner applied for post of Junior Engineer in pursuance to advertisement issued by Department - Corrigendum to advertisement was issued and in Clause No. 9 of said corrigendum, revised process for selection was mentioned – Held, it is clear that petitioner was possessing a valid technical qualification prior to date of obtaining experience certificate and therefore, marks qua same ought to have been granted and considered for purpose of his appointment - So far as technical qualification obtained by petitioner in year 1997 is concerned, no objection qua its validity or authenticity has also been raised by respondents and therefore, it cannot be said that experience certificate issued to petitioner was in pursuance to any invalid qualification - Respondents are directed to grant 30 marks qua experience certificate to petitioner and thereafter calculate total obtained marks of petitioner - If after said calculation, petitioner stand in merit and if any candidate in category of physically handicapped has been afforded appointment having lesser marks than him, petitioner be also afforded appointment on post of Junior Engineer within a period of three months from date of receipt of copy of this order - Petitioner if appointed, would not be entitled to any actual benefits but would be entitled to all notional benefits from date any person having lessor marks than him has been afforded appointment - Writ petition allowed.
ORDER :
Rekha Borana, J.
1. Brief facts of the case are that the petitioner applied for the post of Junior Engineer in pursuance to the advertisement issued by the Department dated 02.04.2013. A corrigendum to the advertisement was issued on 30.04.2013 and in Clause No. 9 of the said corrigendum, the revised process for selection was mentioned. Clause No. 9 of the corrigendum advertisement dated 30.04.2013 is reproduced herein, which reads as under:
2. A provisional list for selection was issued by the Department in which the name of the petitioner found place and the total marks obtained by him were mentioned to be 76.98. However, the petitioner was not finally selected, in which case, he preferred a writ petition before this Court which was registered as S.B. Civil Writ Petition No. 12737/2013. Vide order dated 03.04.2014, the writ petition of the petitioner was disposed of with the following directions:
3. In pursuance to the directions issued by this Court, the petitioner moved representation dated 10.04.2014 before the concerned authority and when the same was not responded to, he served a legal notice dated 07.07.2014 to which a response dated 03.09.2014 was received and it was informed that the representation of the petitioner had been decided and the petitioner had already been informed of the same vide letter No. 1762 dated 11.06.2014. It was further stated in the communication that as the experience certificate obtained by the petitioner was prior to the date of obtaining technical degree, he was not entitled to the 30 marks qua his experience. So, after deduction of 30 marks from his total obtained marks of 76.98, he was left with 46.98 marks only and therefore, his name did not reflect in the final select list.
4. Aggrieved against this communication dated 03.09.2014, the present petition has been filed.
5. It has been stated by the counsel for the petitioner that the petitioner had the experience of working with the government departments as required under the advertisement and certificate qua the same had also been issued by the competent authorities. So far as his obtaining the experience certificate prior to a date of his obtaining technical degree is concerned, counsel has stated that in fact he had obtained two diploma certificates at two different points of time. He submitted that in the year 1997, he had obtained a two years diploma certificate after successful completion of the course from the Institution of Mechanical Engineers (India). On the basis of the said qualification, he was appointed as a Junior Technical Assistant in the MNEREGA scheme vide order dated 30.03
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