MAHADEV RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present special appeal has been filed by the appellant against the judgment of the learned Single Judge of this Court dated 13. 3. 2001 whereby the writ petition filed by the appellant was dismissed. THE learned Single Judge was of the opinion that dispensing with the qualifications and experience as laid down, for direct recruitment, is not possible and such permission cannot be granted. THE learned Judge was also of the opinion that the writ petition has been filed after gross delay.

(2.) ASSAILING the judgment of the learned Single Judge, learned counsel for the appellant stated that the qualifications have been laid down by the Agriculture Department and not be the State Government. Proviso to Rule 7 of the Rajasthan Subordinate Service (Recruitment and Other Service Conditions) Rules, 1960 (referred to herein- after as `the Rules') only provides that the authorities can decide only about the percentage of recruitment by each method and, thus, the argument of the learned counsel for the appellant is that the notification Annx. which prescribes the qualification is beyond the competence of the Agriculture Department and, therefore, it should be struck down.

(3.) WE have heard the learned counsel for the appellant and have also carefully considered the case of the appellant and examined the record.