RAJESH GUPTA Vs. STATE OF J AND K

JUDGEMENT

(1.) THE Jammu and Kashmir Service Selection Board (hereinafter referred to as the Selection Board) vide its Advertisement Notice No. 10 of 2005 dated 29.12.2005 invited the applications for the post of Motor Vehicle Inspector (Survey) and Motor Vehicle Inspector (Tech.) for the State cadre as well as for the Divisional cadres of Jammu Division and Kashmir Division. The eligibility qualification/criteria prescribed for the said posts is 'diploma in Auto Mobile Engineering from any recognized institute having at least 5 years experience in any recognized institution of the State Transport Undertaking.' The last date prescribed for submission of the application forms was 31.1.2006.

(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:

(3.) THE case of petitioners is that the posts of Motor Vehicle Inspector (Survey) and Motor Vehicle Inspector (Tech.) are governed by the Jammu and Kashmir Transport Controller's (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.