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AKIL KURESHI, REKHA BORANA
Shekhar – Appellant
Versus
Rajasthan High Court, Jodhpur, Through The Registrar General, Rajasthan High Court, Jodhpur. – Respondent
ORDER
1. These petitions relate to the recruitment to the post of Drivers for which the High Court Administration had issued an advertisement on 22.07.2020. In all these petitions, one or the other or both of the following issues arise:-
2. First issue is with respect to the cut off marks prescribed by the High Court Administration for eligibility for the written main examination on the basis of the screening test conducted. The criteria applied by the Administration is to call 10 times the number of vacancies notified for each category of candidates such as General, SC, ST, OBC etc. In some cases this resulted into reserved category cut off marks coming higher than the general category.
3. Contention of petitioners is that this is not permissible and the administration therefore committed a legal error in the process of shortlisting. The second issue arising in some of the petitions is with respect to requirement of holding a valid transport vehicle license by the candidates. Broadly speaking, the contention of the petitioner is that RTO authorities have issued driving license in their favour for four wheeler and that there would be no separate requirement of the licenses being issue
Candidates cannot challenge recruitment criteria after participating without prior objection, and valid transport vehicle licenses are necessary for eligibility.
The main legal point established in the judgment is that the interpretation of eligibility criteria specified in an advertisement should be in line with the actual legal provisions, and any disqualif....
The interpretation of "heavy vehicles" in the context of technical qualification for recruitment of Police Driver should be in accordance with the ratio of Mukund Dewangan (2013) 14 SCC 663, which he....
Qualifications for public service recruitment must be fulfilled by the application deadline to ensure fair candidate selection.
Section 3 of the Act, which is mandatory in character, also lays down that a person shall not drive a motor vehicle in any public place unless he holds an effective driving licence.
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