IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
Inderjeet Singh, Anand Sharma, JJ.
Komal Kumawat D/o Shri Prem Chand and ors. - Petitioners
Versus
Union Of India, Through The Secretary, Ministry Of Skill Development And Entrepreneurship, Directorate General Of Training, 7Th Floor, Kaushal Bhawan, New Moti Bagh, New Delhi, Delhi and ors. – Respondents
D.B. Civil Writ Petition No. 16312 of 2024, D.B. Civil Writ Petition No. 15608 of 2024, D.B. Civil Writ Petition No. 16323 of 2024, D.B. Civil Writ Petition No. 16324 of 2024, D.B. Civil Writ Petition No. 1659 of 2025, D.B. Civil Writ Petition No. 16867 of 2024, D.B. Civil Writ Petition No. 17366 of 2024, D.B. Civil Writ Petition No. 17984 of 2024, D.B. Civil Writ Petition No. 18420 of 2024, D.B. Civil Writ Petition No. 19363 of 2024, D.B. Civil Writ Petition No. 2668 of 2025, D.B. Civil Writ Petition No. 3063 of 2025, D.B. Civil Writ Petition No. 87 of 2025, D.B. Civil Writ Petition No. 978 of 2025
Decided On : 28-05-2025
| Table of Content |
|---|
| 1. common legal questions addressed. (Para 1 , 2) |
| 2. the petitioners' challenges based on qualifications and recruitment process. (Para 3 , 4 , 5) |
| 3. amendment to qualifications for vocational instructors outlined. (Para 6 , 8 , 9) |
| 4. cits requirements and their validity analyzed. (Para 10 , 12 , 19) |
| 5. court's final decision on dismissing the petitions. (Para 71 , 74) |
JUDGMENT :
Anand Sharma, J.
1. Since common facts and question of law are involved in above writ petitions, hence, they were heard analogously and are being decided by this common order.
2. For the purpose of convenience and with the consent of parties, facts narrated in D.B. Civil Writ Petition No. 16312/2024 are being taken into consideration for the purpose of adjudication of the dispute involved in these writ petitions.
3. Petitioners, who are working as Guest Faculty Instructors in different Government ITI Colleges in different trades, have filed the instant writ petitions to lay a challenge to the validity of the Notification dated 01.09.2023 issued by the Department of Personnel, Government of Rajasthan in order to amend the Rajasthan Technical Training Subordinate Service Rules, 1975 (for short, 'the Rules of 1975'). They have also challenged the Advertisement No.09/2024 dated 11.03.2024 issued by the Rajasthan Staff Selection Board, Jaipur, whereby applications were invited from eligible persons for recruitment against the vacancies of Junior Instructors in different trades.
4. It has been submitted in the writ petitions that post of Junior Instructor in different trades have been created in the Department of Skill Development, Employment and Entrepreneurship (Vocational Education Training), Rajasthan. Recruitment and other service conditions of the aforesaid post of Junior Instructor are regulated by the Rajasthan Technical Training Subordinate Service Rules, 1975.
5. It has been submitted by the petitioners that Rajasthan Staff Selection Board, Jaipur, issued one Advertisement No. 09/2024 dated 11.03.2024 whereby the recruitment process for the post of Junior Instructor in different trades was initiated and applications were invited from eligible persons against as many as 1821 vacancies of Junior Instructors in different trades. Clause-6 of the aforesaid Advertisement prescribes for eligibility and educational qualifications as under:-
"(A) Academic:
Secondary with Physics, Chemistry & Mathematics as optional subject under old scheme from a recognized Board or its equivalent examination.
or
Secondary under 10+2 scheme from a recognized Board or its equivalent examination.
(B) Technical :
B.Voc/Degree in the appropriate Branch of Engineering/ Technology or equivalent from AICTE /UGC recognized University established by law in India and relevant National Craft Instructor Certificate (NCIC) in any of the variants under DGT (For those Trades where courses under CITS are available).
or
3 years Diploma in appropriate branch of Engineering / Technology from any institute approved by AICTЕ and recognized by State Board of Technical Education and relevant National Craft Instructor Certificate (NCIC) in any of the variants under DGT (For those Trades where courses under CITS are available).
or
3 years Diploma in appropriate branch of Engineering / Technology awarded by UGC recognised University established by law in India and relevant National Craft Instructor Certificate (NCIC) in any of the variants under DGT (For those Trades where courses under CITS are available).
or
relevant Advanced Diploma (Vocational) from DGT and National Craft Instructor Certificate (NCIC) in any of the variants under DGT (For those Trades where courses under CITS are available).
or
National Trade Certificate in the relevant Trade and relevant National Craft Instructor Certificate (NCIC) in any of the variants under DGT.
or
National Apprenticeship Certificate in the relevant Trade and relevant National Craft Instructor Certificate (NCIC) in any of the variants under DGT.
(C) Experience (salari

The amendment to recruitment rules for vocational instructors is valid and consistent with central guidelines, asserting state competence to legislate on education within constitutional limits.
Statutory recruitment rules under Article 309 of the Constitution prevail over executive instructions, allowing states to set qualifications independently.
The state can prescribe additional qualifications for teacher recruitment without violating central educational standards.
Point of Law : Appointment has to be made strictly as per terms of the advertisement and in case, the candidates who did not possess the qualification as mentioned in the advertisement were permitted....
Section 19 (1) of the AICTE Act which provides that one of the functions of the AICTE is to lay down norms and standards for courses, curricula, physical and instructional facilities staff pattern, s....
The central legal point established in the judgment is the binding nature of qualifications prescribed by the NCTE and the illegality of State Government amendments in contravention of statutory prov....
The court affirmed the validity of prescribed qualifications for recruitment, emphasizing legislative authority and restricted judicial review in educational matters.
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