KAILASH MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) BY this writ petition, the petitioner is seeking an appropriate writ, order or direction for quashing the order dated 19.12.2007 (Annex.6) with the direction to the respondents to consider his case for regularization on the post of Ward Boy/Class IV in regular pay scale as per the judgment of the Division Bench dated 21.3.2006 in State of Rajasthan and Others vs. Smt. Naurati Devi and Others D.B. SAW. No. 243/1997.

(3.) THE educational qualification of the candidate is to be seen at the time of appointment and not at the time of regularisation after completion of 23 yers of service. In the instant case, when the petitioner was appointed on 21.2.1987, the Rajasthan Class IV Services (Recruitment and Other Service Conditions) Rules, 1963 (in short 'the Rules of 1963') were in force and according to Rule 10, read with Schedule-I, Entry No. 4 thereof, there is provision for relaxation of the academic qualification prescribed in column 4 for SC and ST candidates in case sufficient number of candidates belonging to SC/ST are not available. THE fact of appointment of the petitioner as a member of the Scheduled Tribes and further continuation from 1987 till date come under the Rules of 1999 which clearly reveal that the qualification of the petitioner was relaxed and if not relaxed by a specific order, then the same would be deemed to have been relaxed. THE relevant Entry 4 in Schedule-I appended to the Rules of 1963 is as under: <IMG>JUDGEMENT_2013_RAJLW3_2011Image1.jpg</IMG>