ROOP KISHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD on question of admission.

(2.) THE petitioner is aggrieved by the Explanation Note to Schedule I of The Rajasthan Subordinate Accounts Service Rules, 1963(hereinafter referred to as 'the Rules of 1963') and Note to Schedule I of Rajasthan Revenue Accounts Subordinate Service Rules, 1975(hereinafter referred to as 'the Rules of 1975'). Schedule I of the Rules of 1963 provides that for the post of Accountant, a candidate for direct recruitment must hold a degree in Arts, Science or Commerce of a University established by law in India or of a foreign University declared by the Government in consultation with the Commission to be equivalent to a Degree of University established by law in India or must have passed Intermediate Examination of the Institute of Cost and Works Accountants, Calcutta or Intermediate Examination of the Institutes of Chartered Accountants of India, New Delhi. Explanation appended to Schedule I of the Rules of 1963 further provides that for the purpose of the Schedule a degree in Arts or Science does not include a Degree in Agriculture, Medicine, Engineering and Technology. The Rules were enacted in 1963 and have remained invogue for last 50 years.

(3.) IT is apparent from bare reading of the qualifications prescribed in the Schedule I that a candidate for direct recruitment on the post of Accountant and Junior Accountant must hold a degree in Arts, Science or Commerce of a University established by law in India or of a foreign University declared by the Government in consultation with the Commission to be equivalent to a Degree of University established by law in India. The posts of Accountant and Junior Accountant are Class III Posts. It is a matter for the experts to prescribe the qualifications for a post after considering the nature of the work of a post. Considering the aforesaid aspect, Explanation has been added in Schedule I of the Rules of 1963, which excludes degree in Agriculture, Medicine, Engineering and Technology. The purpose of the rules appears to exclude these degrees, as the incumbents holding these degrees are not supposed to possess expertise required for the post of Accountant and Junior Accountant. It is not for the Court to substitute wisdom and prescribe qualification for a post or to interfere in such matters.