VIPIN DEWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bunch of writ petitions involve common questions of fact and law and hence, the same have been heard and are being decided together by this order.

(2.) Briefly stated facts of the case are that an advertisement dated 30.12. 2015 was issued by the Rajasthan Municipalities (Administrative and Technical) and (Subordinate and Ministerial) Service Selection Board (Selection Board) inviting applications for the post of Solid Waste Manager (Sanitary Inspector Grade-II) (hereinafter referred to as 'advertised post-). The selections were to be conducted in conformity with the Rajasthan Municipal (Subordinate and Ministerial) Service Rules, 1963 (hereinafter referred to as 'Rules of 1963-). The last date for submitting applications for appointment against the advertised post was 6/2/2016. Under Clause-5 of the advertisement, the minimum qualification prescribed for the advertised post was graduation or its equivalent qualification. In the note appended to Clause 5, it was mentioned that candidates appearing in the final year examination of the prescribed qualification i.e. graduation shall be eligible to apply for the advertised post, however, the prescribed qualification was to be acquired on or before the date of the declaration of the result of written examination conducted by the Selection Board for the advertised post. The petitioners submitted application forms for appointment to the advertised post.

(3.) The petitioners at the time of submitting application form in the questioned selection process were possessing the qualification of graduation and were pursuing the Sanitary Inspectors' Diploma course. Few candidates challenged the advertisement dtd. 30/12/2015 on the ground that the advertisement laid eligibility for prospective candidates to be graduates, whereas the Rules, 1963 contemplated Matriculation or its equivalent qualification (Trained). A coordinate Bench of this Court at Jaipur in a batch of writ petitions led by Kailash Chand Meena and Anr. V State of Rajasthan and Ors. (S.B. C.W. No.16517/2016) vide order dtd. 10/10/2017 held that in the Schedule annexed to Rules, 1963, the qualification required for direct recruitment to the advertised post is matriculation or its equivalent qualification (Trained) i.e. Diploma in Sanitary Inspectors' Course, therefore, the selection process against the post of Sanitary Inspector Grade-II should be held in conformity with the qualifications provided under the Rules of 1963. The respondent-Selection Board vide notification dtd. 11/5/2018 called all those candidates who possessed the requisite qualification including Sanitary Inspectors' Diploma for document verification from 21/5/2018 to 23/5/2018 in order of merit. However another notification was issued on 14/5/2018 containing a condition at serial No.3 to the effect that Sanitary Inspectors' Diploma should have been obtained by the prospective candidates prior to the date of submission of application forms i.e. 6/2/2016.