Unless statutory rules expressly designate a qualification as a minimum requirement or allow for the inclusion of higher degrees, candidates holding higher academic credentials are not eligible for positions requiring a specific diploma. Additionally, the criteria for public employment cannot be altered after the recruitment process has officially begun.

JUDGMENT :

(SANJEEV PRAKASH SHARMA, ACJ.)

1. These D.B. Special Appeals are filed challenging the judgment passed by the learned Single Judge, whereby he allowed a bunch of writ petitions on 22.02.2023 and held as under:-

"54. As a result, the instant writ petitions are hereby allowed. The impugned office order dated 15.12.2021 issued by the RSSB is quashed. Respondent-RSSB is directed to prepare the final result on merit for the post of Motor Vehicle Sub-Inspector, pursuant to advertisement dated 24.11.2021, excluding degree holders in automobile/mechanical engineering and the appointment be given by the State as per merit list in accordance with law.

It is made clear that candidate(s) participated in the present recruitment process, possessing degree in automobile/mechanical engineering, if has/have already undergone to the diploma course and had acquired qualification of diploma in automobile/mechanical engineering, as per the prescribed norms of qualification in the advertisement dated 24.11.2021, shall be considered on merits. No costs."

Facts:-

2. The facts of the case are that an Advertisement was issued on 24.11.2021 by the Rajasthan Staff Selection Board (hereinafter referred to as 'RSSB') inviting applications for appointment on the post of Motor Vehicle Sub-Inspector. An office order was issued thereafter on 15.12.2021 by the RSSB enabling the candidates possessing higher qualification than the requisite qualification to apply and to be treated as eligible to participate in the selection process. So far as the Motor Vehicle Sub-Inspector post is concerned, the same is to be filed in terms of the Schedule appended to the Rajasthan Transport Subordinate Service Rules, 1963 (hereinafter referred to as 'the Rules of 1963') which provides as under:-

3. Thus, a candidate as per Clause 7, of the Advertisement which was similar to the aforesaid Schedule, was required to possess Class 10^th qualification and three years Diploma in Mechanical Engineering/ Automobile Engineering Course from Government of India or State Government or any qualification either of the above disciplines declared equivalent by the Central Government or State Government. The candidate was further required to have one year experience in reputed Automobile Workshop for petrol and diesel engine of Light/ Heavy Vehicle and repairing. He was further required to possess a Driving License of Motorcycle, Heavy Vehicle License and Passenger Vehicle License as issued from competent authority. The level of examination was mentioned to be that of Secondary/ Technical Diploma.

4. The writ petitioners filed a writ petition challenging the order dated 15.12.2021 issued by the RSSB, whereby, it allowed candidates having higher academic qualifications than the three year mechanical engineering/ automobile engineering diploma to participate in the selection. During the pendency of writ petition, the result was declared.

5. The Department of Personnel (hereinafter referred to as 'DOP') gave its opinion that persons possessing higher qualification are eligible for recruitment on the post of Motor Vehicle Sub-Inspector. Vide order dated 03.08.2022, the same was therefore, also challenged by the writ petitioners by amending the writ petitions.

6. The a