BUDDHI NATH CHAUDHARY Vs. ABHAI KUMAR

JUDGEMENT

(1.) These appeals under the letters patent of the Patna High Court are directed against the judgment and order dated 16th May, 1997, passed in C.W.J.C.Nos. 984 of 1991 with 1948 of 1991, whereby and whereunder, the Transport Commissioner, Bihar, Patna (respondent no.2 to the writ petition) was directed to consider the representation of the petitioners-respondents on merit after due notices to the parties with regard to the validity of the appointments of the Motor Vehicles Inspectors. The Transport Commissioner was also required to examine whether on the date of interview, the contesting respondents did possess valid driving licence and submit a report before the competent authority after examining all such matters in detail. Since questions involved in these appeals are common, it would, therefore, be proper to dispose of them by a common judgment. The dispute in the present cases relates to selection and appointment to the post of Motor Vehicles Inspectors on the ground, inter alia, that appointments of the concerned respondents were made illegally without applying necessary requirements of the prescribed standard of qualification and experience etc. It would appear from the impugned judgment, an advertisement for appointment of the Motor Vehicles Inspectors was made by the Bihar Public Service Commission on 12th May, 1989 fixing 15th June, 1989 as the last date for making applications. Admitted position is that the selection in question was to be made mainly on the basis of qualification and assessment of the merits of the candidates with regard to technical qualifications. The requirement of qualification for such candidates as per advertisement was Diploma in Automobile Engineering or Mechanical Engineering of three years course from recognised institution/Board/University. It was also mentioned that preference will be given to the candidates having Diploma or Post Diploma in Automobile Engineering and equivalent and they should have at least three years practical experience of working in a registered automobile Engineering workshop under Factories Act. A candidate having Diploma in Mechanical Engineering was required to have at least five years practical experience of working in a workshop of automobile engineering registered under the Factories Act and candidates having Diploma in Automobile Engineering were required to have two years' working experience.

(2.) Meanwhile as would appear from the notification dated 12th June, 1989, issued under the provisions of Section 213(4) of the Motor Vehicles Act, 1988, which came into operation from 1st July, 1989 the Central Government also prescribed the minimum qualification of working experience at least one year from any reputed automobile workshop which undertakes repair of both light and heavy vehicles with diesel and petrol engines. That apart a candidate was also required to possess driving licence of heavy motor vehicles.

(3.) Admittedly, as would appear from the facts on record, the Commission did not require the candidates to produce driving licences even at the time of interview which took place on 28th December, 1990 ignoring the notification of the Central Government dated 12th June, 1989 (Annexure-6). According to the learned Judge, it was not proper for the respondent Commission to ignore the requirement of a driving licence for appointment to the post of Motor Vehicles Inspectors, when the Central Government had already prescribed such a requirement by the notification contained in Annexure-6. Therefore, it was held that entire selection of the Motor Vehicles Inspectors was illegal since it was in contravention with the requirements prescribed under Annexure-6.