PREM PRAKASH SHARMA Vs. RSRTC

JUDGEMENT

(1.) BY these writ petitions, selections to the post of Driver, Conductor, Artisan Gr II and III have been challenged. The challenge is on many grounds, however, the grounds of challenge have been confined only to certain issues. Accordingly, those are discussed.

(2.) LEARNED counsel for petitioners submit that while holding the trade test for the post of Conductor, one was asked to drive the vehicle and 30 marks out of 50 were provided for performance of driving. For the post of Conductor, one could not have been compelled to possess the driving licence. Aforesaid issue has already been decided by this court in the case of "Nirmal Kumar Jain & ors versus RSRTC & ors", SB Civil Writ Petition No.14710/2010 vide order dated 2.9.2011. Accordingly, trade test for the post of Conductor by providing 30 marks for driving becomes illegal.

(3.) IT is lastly urged that those falling in the category of Special Backward Class (SBC) should be considered in the aforesaid category and may not be denied benefit of the category as while issuing advertisement, no such indication for reservation to SBC category was given. Accordingly, petitioners falling in the SBC category should not be ignored for grant of benefit of reservation to the extent of 1%. Learned counsel also submit that relaxation of marks has been given to the reserve caste candidate illegal on the minimum passing marks in the trade test, however, the aforesaid argument need not to be pressed if the requirement of minimum passing marks in the trade test is done away.