ALKA OJHA Vs. RAJASTHAN PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The delay in filing SLP(C) CC Nos.13191 and 13504-13506 of 2011 is condoned.

(2.) The questions which arise for consideration in these petitions are whether the qualifications prescribed in the Rajasthan Transport Subordinate Service Rules, 1963 (for short, "the Rules") for the post of Motor Vehicle Sub-Inspector are mandatory and whether the petitioners, who were appointed as Motor Vehicle Sub-Inspectors in compliance of the direction given by the learned Single Judge of the High Court are entitled to continue in service despite reversal of the order of the learned Single judge by the Division Bench.

(3.) In response to advertisement dated 1.10.2001 issued by the Rajasthan Public Service Commission (for short, "the Commission"), the petitioners applied for appointment as Motor Vehicle Sub-Inspectors. The last date fixed for submission of the application was 19.11.2001. Although as on that date, none of the petitioners possessed driving licence authorising them to drive motor cycle, heavy goods vehicles and heavy passenger vehicles, all of them were provisionally allowed to take part in the written examination and the interview and their names were included in the select list prepared by the Commission. However, after final scrutiny of the papers the Commission cancelled the tentative selection of the petitioners on the ground that as on the last date fixed for submission of the application, they did not possess the required driving licence.