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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SUDESH BANSAL, J.
Manish Kumar Aloria S/o. Shri Kailash Chand Aloria & Ors. - Petitioners
Versus
State of Rajasthan, Through its Secretary, Department of Transport & Ors. - Respondents
S.B. Civil Writ Petition Nos.382, 6161, 7078, 9130, 11493, 12859, 13538, 13928 of 2022
Decided On : 22-02-2023
| Table of Content |
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| 1. common questions of law and fact arise from recruitment processes. (Para 1 , 2) |
| 2. petitioners argue against the inclusion of higher qualifications. (Para 3 , 5 , 6) |
| 3. clarifies judicial review and equivalency of qualifications. (Para 10 , 11) |
| 4. state's authority to set qualifications for public service roles. (Para 20 , 21) |
| 5. judgment concludes the ineligibility of degree holders for mvsi posts. (Para 54) |
JUDGMENT :
1. All these writ petitions referred above involve common questions of law and fact and therefore, as agreed by learned counsel for parties, they have been heard together and are being decided by this common judgment. However, for the sake of convenience, facts as pleaded in SB Civil Writ Petition No.382/2022 have been noticed.
2. The relevant facts under which the spate of controversy in these writ petitions has arisen are that 197 vacant posts of Motor Vehicle Sub-Inspector (hereinafter for-short “MVSI”) to be appointed in the Transport Department of the State of Rajasthan, have been notified vide advertisement No.06/2021 dated 24.11.2021 by the Rajasthan Staff Selection Board (hereinafter for-short “RSSB”). In the advertisement, it has been clearly indicated that such vacant posts are to be filled as per the scheme and procedure, prescribed under the RAJASTHAN TRANSPORT SUBORDINATE SERVICE RULES , 1963 (hereinafter for-short “the Rules of 1963”) and as amended time to time. Soon after issuance of advertisement dated 24.11.2021, a corrigendum advertisement dated 09.12.2021 was published by the RSSB just to substitute earlier published qualification of “3 years Mechanical Engineering/ Automobile Engineering diploma or any qualification declared equivalent by the Central Government/ State Government” with the qualification of “diploma in Automobile Engineering (3 years course) Or diploma in Mechanical Engineering awarded by the State Board of Technical Examination (3 years Course) OR any qualification in either of the above disciplines declared equivalent by the Central Government or State Government.” Soon after publication of amended advertisement dated 09.12.2021, CWP No.382/2022 came to be filed, but thereafter, an Office Order dated 15.12.2021 was issued by the RSSB and by this Order, it has been declared that candidates having higher educational qualification than the above notified qualification will also be able to apply online application forms for the post of MVSI. Immediately, an application to amend CWP No.382/2022, in order to assail the Office Order dated 15.12.2021 was moved and the same was allowed by the Court and therefore, amended writ petition has been filed, seeking to quash the office order dated 15.12.2021 issued by the RSSB. For ready reference, the impugned Office order dated 15.12.2021 is being reproduced hereunder :
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Higher qualifications in the same discipline presuppose the acquisition of lower qualifications required for a post, unless explicitly excluded by the relevant rules.
Candidates possessing higher qualification in the same line cannot be excluded from consideration for selection and it is a different matter that he/she may not be entitled to any additional weightag....
Appointment on Post of Junior Engineer (Electrical) – Minimum qualification for the post cannot be deemed to be only matriculation but rather that only such of those matriculates, or 10+2 pass studen....
The court upheld the constitutionality of recruitment rules that limit eligibility to diploma holders, finding the exclusion of graduates justifiable for maintaining service stability and effective d....
A degree in Engineering cannot be viewed as a higher qualification compared to a Diploma in Engineering, and candidates holding degrees are excluded from consideration for positions that specifically....
The main legal point established in the judgment is that the rules prescribed any equivalent educational qualification apart from diploma holders, and therefore, degree holders were rightly allowed t....
R & P Rules for post clearly provide for recognition of qualification and not higher qualification.
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