S.B. Civil Writ Petition No. 8029/2011. Case: Ashok Singh Vs The State of Rajasthan and Ors.. Rajasthan High Court

Case Number:S.B. Civil Writ Petition No. 8029/2011
Party Name:Ashok Singh Vs The State of Rajasthan and Ors.
Counsel:For Appellant: R.S. Bhardwaj, Adv. and For Respondents: Rajendra Prasad, Senior Advocate & AAG and M.S. Shiromani Sharma, Adv.
Judges:Alok Sharma, J.
Issue:Service Law
Judgement Date:February 06, 2017
Court:Rajasthan High Court
 
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Order:

Alok Sharma, J.

  1. The issue in the writ petition is with regard to the right of the petitioner for appointment on the post of Motor Vehicle Sub Inspector against the quota of Ex-serviceman pursuant to advertisement No. 4/Pariksha 'Kha'/Mo-.Va.Yu.Ni./20082009/314 dated 26-7-2008 by the Rajasthan Public Service Commission (RPSC) published in Rojgar Sandesh issue of 1-8-2008.

  2. The eligibility prescribed for appointment to the post of Motor Vehicle Sub Inspector under the Rajashan Transport Subordinate Service Rules, 1963 (hereinafter 'the Rules of 1963') as also set out in the advertisement is/was that the candidate must have passed Senior Secondary/Higher Secondary examination from a recognised Board and must have also acquired a diploma in Automobile Engineering (Three years course)/Diploma in Mechanical Engineering (Three Years Course) from the Rajasthan Technical Education Board or any qualification recognised equivalent thereto by the Central or State Government. Other requirements for eligibility are not in issue and hence not adverted to.

  3. The case of the petitioner is that pursuant to the advertisement dated 26-7-2008, fancying himself eligible for the post of Motor Vehicle Sub Inspector, he applied therefor, and was permitted to write the examination held on 28/29-6-2009. On passing the written examination, he was called for an interview. Apparently successful he was informed on 26-5-2011 of his provisional selection to the post of Motor Vehicle Sub Inspector subject to verification of his educational qualifications. The petitioner thereupon submitted requisite documents relating to his Higher Secondary Examination and the certificate of Vehicle Mechanic (VM) Class-I issued by the Army authority purportedly equivalent to a three year Diploma in Mechanical Engineering as prescribed for the post of Motor Vehicle Sub Inspector. The petitioner's case is that in terms of the notification issued by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) on 12-2-1986 amending the Ex-servicemen (Re-Employment in Central Services & Posts) Rules, 1979 (hereinafter 'the Rules of 1979'). Vehicle Mechanic Class-I [NCO Code No. B-845.10] proficiency certificate dated 30-9-2001 acquired from the Corps of Electronics & Mechanical Engineering, EME Centre, Secunderabad, issued by the MGO's Branch (Integrated Headquarters) New Delhi, is equivalent to a three year Diploma in Mechanical Engineering and so also endorsed by the Director Sainik Kalyan Department, Government of Rajasthan under his letter dated 2-6-2011. The said documents of equivalence were made available to RPSC, yet vide...

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