GURMEET SINGH Vs. STATE

JUDGEMENT

(1.) THE petitioner who is an aspirant for the post of Motor Vehicle Inspector in Transport Department seeks to question the promotion of private respondents principally on the ground that in terms of Jammu and Kashmir Transport Controllers (Subordinate) Service Recruitment Rules 1974 (hereinafter called 1947 Rules), the post of Motor Vehicle Inspector can only be filled up by direct recruitment and not by promotion. He seeks the ouster of the private respondent, as according to him they had not possessed the eligibility qualification prescribed for the post so are usurpers of public office.

(2.) UNDISPUTEDLY , the private respondents have come to be promoted to the post of Motor Vehicle Inspectors (Survey) which post does not place in the 1974 Rules. In clause IV Schedule A to Rules in the Technical Cadre two posts i.e., of Mechanical Inspectors and Motor Vehicles Inspectors have been mentioned. For the said posts eligibility qualification and mode of appointment is as follows: - Category Designation Grade Minimum Qualification for direct recruitment. Me thod of Recruitment A Mechanical Inspectors 340 -700 Diploma in automobile Engineering from any recognized Institution having at least five years experience in any recognized institution of State Transport Undertaking. By direct recruitment. B Motor Vehicle Inspectors 340 -700 Diploma in Automobile Engineering from any recognized institution. -do -

(3.) MR . Sharma, learned counsel for the petitioner submits that the post of Motor Vehicle Inspector (Survey) is to be deemed post of Motor Vehicle Inspector within the meaning of Clause IV of Schedule -A and as such, can be filled up only by direct recruitment and not by promotion. He submits that simply by introducing the word "Survey" to the post of Motor Vehicle Inspector and changing the nomenclature of the post, it cannot be said that the same is a new and independent post. Since the post is the same as referred to by 1974 Rules, therefore, it can only be filled up by the mode prescribed under the Rules.