Honble VERMA, J.–The petitioner is secondary passed and also possessed National Vocational Training Certificate in mechanic (motor mechanic) having been obtained in the year 1988. It is stated by the petitioner that according to the procedure laid down as per Rajasthan Transport Subordinate Service Rules, 1963 (hereinafter called as the Rules) for selection/appointment of Motor Vehicles Sub- Inspectors for direct recruitment, Part-V provides the procedure to be followed in the Schedule appended to the Rules and qualifications and eligibility conditions are mentioned. According to the Rules, 25% posts of the Motor Vehicles Sub-Inspectors are required to be filed up by way of promotion and remaining 75% as direct recruitment. It is stated that only those candidates are eligible for appointment who fulfil the qualifications as provided in the Schedule under column V appended to the Rules of 1963. Rule 9 provides for determination of vacancies, wherein it is provided that competent authority is to determine the vacancies of the earlier years, yearwise which were required to be filled up by promotion, if such vacancies were not determined and filled up earlier in which they are required to be filled in.

(2). It is stated that perusal of aforesaid Rule 9 goes to show that rule making authority had intentionally laid down strong emphasis on yearwise determination of vacancies. The age as prescribed under Rule 10 to be 18 as minimum and 35 years as maximum.

(3). For direct recruitment, the procedure has been laid down in Chapter IV of the Rules of 1963. It is stated that last selection for the post of Motor Vehicle Sub-Inspector by way of recruitment was published in the year 1986, when 11 posts were advertised but thereafter no posts had been advertised. it is stated that promotions were being made from the cadre of L.D.Cs. in excess of the quota prescribed from the promotional channel and therefore those persons who are eli- gible to be appointed had missed their chance because of non-determination of the vacancies.

(4). The petitioner had earlier filed civil writ petition No. 1238/93 for seeking certain reliefs which was decided by this Court and direction was issued for determining the vacancies and it was held that on account of ban imposed by the State Government, yearwise vacancies had not been determined by the respondent-State and no appointment against direct recruitment quota was made. However, it was observed that ban had been now lifted and State was directed to proceed with make the appointments against the direct recruitment quota after determining the year wise vacancies and the only concession, the petitioner was able to get from the court was about the age relaxation. The order was passed by Mr. Justice Arora on 24.1.94.

(5). The Rajasthan Public Service Commissioner had issued an advertisement no. 8/95-95 on 31st March, 1995 published in the news paper whereby 89 posts of Sub-Inspectors were to be filled in by way of direct recruitment. The advertisement is annexed as Annex.6. The educational qualification prescribed as per rules in the advertisement is Secondary Education from the recognised Board and a diploma in Automobile Engineering (Three years) or diploma in Mechanical Engineering (Three years Course) obtained from the State Technical Education Board. It is stated that educational qualification now prescribed in the advertisement were be- cause of the amendment introduced by the Governor vide notification dt. 13th April, 1993 (Annex.3). Previously qualification prescribed for recruitment of the post was Metric with I.T.I. Certificate in Automobile Engineering. It is stated that prior to the amendment, the petitioner was duly qualified but now because of the said amendment, the petitioner is now lacking the required qualification. Counsel for the peti- tioner wants to submit that prescribed qualifications must refer to the year to which the vacancies related and therefore, it is stated that he is eligible to appea

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