RAJESH SINGH NAROOKA Vs. RAJASTHAN PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) HEARD Mr. Himanshu Jain, learned counsel for the petitioner and Mr. S.N. Kumawat, AAG for the respondents No.1 & 3. Briefly stated the facts relevant for disposal of the instant petition are that the petitioner has passed the Secondary Examination (10th) from the Board of Secondary Education, Ajmer in the year 1985 and thereafter appointed on the post of Rifleman in Rajputana Rifle Regiment in 13th Battalion. After rendering 15 years of service thereat, as sought for by him, he was prematurely retired. At the relevant point of time, he was granted by the concerned authorities, under whom he had been serving, graduation certificate which was construed to be equivalent to one for graduation, an academic qualification required for appointment in Group 'C' post under the Ex-servicemen (Re-employment in Central Civil Services & Posts) (Amendment) Rules, 1986 (for short hereinafter referred to as '1986 Rules').

(2.) ACCORDING to the petitioner, at all relevant points of time, in most of the subordinate services in the State, the academic qualification for the post, amongst others, of Patwar was matriculate.

(3.) UPON hearing the learned counsel for the parties and on a consideration of the materials on record, we are inclined to sustain the pleas taken on behalf of the respondents. In absence of any statutory prescription of equivalence between graduation certificate issued to the petitioner and the graduation in the academics regime as a level of educational accomplishment as approved, we are not persuaded to accept the contention raised by him in this regard. In terms of the Rule 273 of the Rules, the petitioner at all relevant points of time was accordingly ineligible to participate in the process for Patwar Examination that was initiated by the Commission vide its advertisement dated 11.07.2008.