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IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Y.P. Nargotra, J.
Rajesh Gupta & Ors. - Appellant
Versus
State Of J&K & Ors. - Respondent
SWP No. 1195/2006
Decided On : 13 December, 2006
Motor Vehicle Inspector - Eligibility Qualification - Central Motor Vehicles Act, 1988 - Section 213(4) - The court discussed the eligibility qualification for the post of Motor Vehicle Inspector and the validity of the Corrigendum issued by the Selection Board modifying the qualification. The court highlighted the provisions of Section 213(4) of the Central Motor Vehicles Act, 1988, which empowers the Central Government to prescribe the minimum qualification for the officers to be appointed in the Motor Vehicles Department.
Fact of the Case:
The Jammu & Kashmir Service Selection Board issued a Corrigendum modifying the eligibility qualification for the post of Motor Vehicle Inspector. The petitioners challenged the legality of the Corrigendum, arguing that it was contrary to the recruitment rules.
Finding of the Court:
The court found that the qualification prescribed by the Central Government under Section 213(4) of the Motor Vehicles Act, 1988, had to be treated as the minimum qualification, and the qualification prescribed by the State Government in the recruitment rules was to be taken as the additional qualification to the extent it was not included in the qualification prescribed by the Central Government.
Issues: Validity of the Corrigendum modifying the eligibility qualification for the post of Motor Vehicle Inspector and the applicability of the Motor Vehicles Act to the State of Jammu & Kashmir.
Ratio Decidendi: The qualification prescribed by the Central Government under Section 213(4) of the Motor Vehicles Act, 1988, had to be treated as the minimum qualification, and the qualification prescribed by the State Government in the recruitment rules was to be taken as the additional qualification to the extent it was not included in the qualification prescribed by the Central Government.
Final Decision: The court dismissed the writ petition of the petitioners, upholding the validity of the Corrigendum and allowing the Selection Board to proceed with the selection process.
2. In response to the said notification, the petitioners along with other candidates submitted their applications. However, thereafter, various representations were received by the Government as well as the Selection Board regarding the discrepancy in the eligibility qualification vis-`-vis the qualification prescribed for the same post in the past. The Service Selection Board vide No. SSB/SEL/Secy/06/5597/06 dated 15.2.2006 took up the matter with the Transport Department for clarification. The Transport Department after examining the provisions of Central Motor Vehicles Act, 1988 issued the clarification. Consequently, the Selection Board on the basis of clarification received issued Corrigendum No.DIP/J-4225 dated 21.2.2006 in the following terms:
"Now therefore kindly read qualifications for the post of Motor Vehicle Inspectors advertised vide Notification No.10 of 2005 dated 29.12.2005 as under:-
1. Minimum general educational qualification of a pass in X standard and
2. (i) a diploma in Automobile Engineering (3 years Course) or (ii) a diploma in Mechanical Engineering awarded by the State Board of Technical Education (3 years course) or (iii) any qualification in either of the above disciplines declared equivalent, by the Central Government or State Government.
3. Working experience of at least one year in a reputed automobile workshop which undertakes repairs of both light motor vehicles, heavy good vehicles and heavy passenger motor vehicles fitted with petrol and diesel engine, and
4. Must hold a driving license authorizing him to drive motor cycle, heavy goods vehicles and heavy passenger motor vehicles.
Consequent upon the criteria for shortlisting and follow up process notified for the post vide Notification No.11 of 2005 dated 29.12.2005 (gazetted in the issue of 29th December 2005) shall stand modified as under:-
1.
Weightage for the basic tech qualification with one year experience = 60
2.
Degree (B.E.) in relevant discipline = 10
3.
M.E. in the relevant discipline = 10
4.
Viva-voce = 20"
3. Thus, the Selection Board by issuance of Corrigendum has prescribed/modified the eligibility qualification/criteria for selection of the candidates for the posts advertised. The petitioners being not satisfied with such modified eligibility qualification are questioning the legality of Corrigendum on the apprehension that they may be thrown out of the competition on account of their ineligibility to appear under the new eligibility qualification/criteria set out by the Corrigendum.
4. The case of petitioners is that the posts of Motor Vehicle Inspector (Survey) and Motor Vehicle Inspector (Tech.) are governed by the Jammu & Kashmir Transport Controllers (Subordinate) Service Recruitment Rules, 1974 and are referred to in Clause (IV) under Category "B" of Schedule `A appended to the rules, in which the qualification prescribed is the same as was in the original notification dated 29.12.2005, therefore, the qualification prescribed by the Corrigendum being contrary to the recruitment rules is invalid.
5. The stand of respondents is that in terms of Section 213 of Motor Vehicles Act the State Government as well as the Central Government is empowered to prescribe the minimum qualifications for the post of Motor Vehicle Inspector. Pursuant to the said power and in exercise o
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