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IN THE HIGH COURT OF ALLAHABAD
SAURABH SHYAM SHAMSHERY, J.
Abhishek Sharma and Others – Petitioners
Versus
State of U.P. and Others – Respondents
Writ Appeal Nos. 10266, 10321, 10340, 10356, 10361, 10519, 10576, 16195 of 2018
Decided On : 27-04-2022
Constitution of India, 1950 - Article 14 - Motor Vehicles Act, 1988 - Section 213, 213(4) - U.P. Transport (Subordinate) Technical Service Rules, 1980 - Equality before Law - Whether word ‘minimum’ as used in Central Act would also include all higher educational qualification though minimum qualification is only a diploma course and qualifications mentioned in State Rules where word ‘minimum’ is not used still higher qualification may be considered to be an “essential qualification” (words used State Rules) for examination in question.
Finding of the Court:
Law prayers made in all these writ petitioners are liable to be rejected, firstly on ground that there is no repugnancy between qualification prescribed by notification issued under Act, 1988 and Rules, 1980, as mended with regard to selection on post of Regional Inspector (Technical); secondly, present cases are squarely covered by judgment passed by Full Bench of this Court in (supra) wherein it was held that Diploma in Engineering and Degree in Engineering are to distinct qualifications and decree in field in question cannot be viewed as a higher qualification without comparing to Diploma in that field; thirdly, considering above referred judgments passed by Supreme Court, that in absence of any statutory rule it would not be permissible to draw an interference that a higher qualification necessarily presupposes acquisition of another lower qualification, fourthly, that prescription of qualification for a post is matter of recruitment policy and lastly Article 14 of Constitution does not envisage negative equality.
Result: Writ dismissed.
JUDGMENT :
SAURABH SHYAM SHAMSHERY, J.
1. All these writ petitions referred above are raising common questions of law and fact, therefore, as agreed by learned counsel parties, they are being decided by this common judgment. However, for the sake of convenience, the facts mentioned in leading writ petition, i.e. Writ-A No. 10266 of 2018 have been noticed.
2. The reliefs sought in leading writ petition are reproduced hereunder:
(b) a writ, order or direction of a suitable nature commanding the respondents to treat the petitioners to be fully eligible for the post of Regional Inspector (Technical) on the basis of Bachelor’s degree in Mechanical Engg/Mechanical and Automation Engineering possessed by the petitioners in terms of Section 213(4) of The Motor Vehicles Act, 1988 read with notification dated 12.6.1989 issued by Central Government.
(c) a writ, order or direction of a suitable nature commanding the respondents to permit the petitioners to participate in each stage of selection for the post of Regional Inspector (Technical) in pursuance to the Advertisement No. A-5/E-1/2014 dated 30.12.14 treating the petitioners as fully eligible for the same.”
3. Sri Ashok Khare, learned Senior Advocate assisted by Sri Shantanu Khare, Advocate for petitioners, has submitted that U.P. Public Service Commission issued an Advertisement No. A-5/E-1/2014 dated 30.12.2014 for Regional Inspector (Technical) Examination-2014 whereby applications were invited for 77 vacancies of Regional Inspector (Technical) (Unreserved 42, Scheduled Caste 18, Scheduled Tribe 02 and Other Backward Class 15). Learned Senior Advocate further submitted that the petitioners are aggrieved by Clause 11 of the said advertisement wherein essential educational qualifications are mentioned, whereby the petitioners who are higher qualified and have four years Bachelor of Technology Degree, still they are not eligible to appear in aforesaid examination as prescribed educational qualification is only Diploma in Automobile or Mechanical Engineering. For reference the essential educational qualifications are mentioned hereinafter:
Essential:
(1) Must have passed the High School Examination of the Board of High School and Intermediate Education, Uttar Pradesh or an examination recognized by the Government as equivalent thereto.
(2) (i) A diploma in Automobile Engineering (3 years course) (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 goods vehicles and heavy passenger motor vehicles fitted with petrol and diesel engine.
(4) Must hold a driving licence authorizing him to drive motorcycle, heavy goods vehicles and heavy passenger motor vehicles.
(5) Must have thorough knowledge of Hindi language written in Devnagri script.”
4. Learned Senior Advocate argued that Section 213 of Motor Vehicles Act, 1988 (hereinafter referred to as the “Act, 1988”) provides provision for appointment of Motor Vehicle Officers and sub-clause (4) thereof provides as under:
5. The Central Government in exercise of powers provided under aforesaid provision issued a notificat
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