RAVI DUTT SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition, a challenge is made to the order dated 13.4.2011 at Annexure-1 whereby candidature of the petitioner was rejected for the post of Motor Vehicle Sub-Inspector. The petitioner applied for the aforesaid post pursuant to the advertisement dated 26.7.2008 and corrigendum issued on 18.8.2008.

(2.) LEARNED counsel submits that petitioner did his Bachelor of Engineering (Honours) (BE) in Auto-mobile Engineering in the year 2008 and is in possession of the required experience of one year from reputed auto-mobile workshop thus eligible for appointment to the aforesaid post. The candidature of the petitioner has been rejected by the respondents on the ground that he did not acquire working experience after passing BE.

(3.) THE view taken by the Hon'ble Supreme Court in the case of Subhash (supra) was reiterated even in subsequent judgment in the case of "Anil Kumar Gupta and ors versus Municipal Corporation of Delhi and ors", reported in (2000) 1 SCC 128. It is accordingly prayed that corrigendum should not be given effect in the present matter as it is contrary to the rules. It does not provide possession of experience subsequent to the educational qualification. The respondents cannot alter rule by issuing corrigendum in the advertisement. The impugned order thus deserves to be set aside as the petitioner possesses requisite experience and educational qualification on or prior to the date of submission of application form.