MANISH KUMAR ALORIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All these writ petitions referred above involve common questions of law and fact and therefore, as agreed by learned counsel for parties, they have been heard together and are being decided by this common judgment. However, for the sake of convenience, facts as pleaded in SB Civil Writ Petition No.382/2022 have been noticed.

(2.) The relevant facts under which the spate of controversy in these writ petitions has arisen are that 197 vacant posts of Motor Vehicle Sub-Inspector (hereinafter for-short "MVSI") to be appointed in the Transport Department of the State of Rajasthan, have been notified vide advertisement No.06/2021 dtd. 24/11/2021 by the Rajasthan Staff Selection Board (hereinafter for-short "RSSB"). In the advertisement, it has been clearly indicated that such vacant posts are to be filled as per the scheme and procedure, prescribed under the Rajasthan Transport Subordinate Service Rules, 1963 (hereinafter for-short "the Rules of 1963") and as amended time to time. Soon after issuance of advertisement dtd. 24/11/2021, a corrigendum advertisement dtd. 9/12/2021 was published by the RSSB just to substitute earlier published qualification of "3 years Mechanical Engineering/ Automobile Engineering diploma or any qualification declared equivalent by the Central Government/ State Government" with the qualification of "diploma in Automobile Engineering (3 years course) Or diploma in Mechanical Engineering awarded by the State Board of Technical Examination (3 years Course) OR any qualification in either of the above disciplines declared equivalent by the Central Government or State Government." Soon after publication of amended advertisement dtd. 9/12/2021, CWP No.382/2022 came to be filed, but thereafter, an Office Order dtd. 15/12/2021 was issued by the RSSB and by this Order, it has been declared that candidates having higher educational qualification than the above notified qualification will also be able to apply online application forms for the post of MVSI. Immediately, an application to amend CWP No.382/2022, in order to assail the Office Order dtd. 15/12/2021 was moved and the same was allowed by the Court and therefore, amended writ petition has been filed, seeking to quash the office order dtd. 15/12/2021 issued by the RSSB. For ready reference, the impugned Office order dtd. 15/12/2021 is being reproduced hereunder:

(3.) After filing the amended writ petition on 18/2/2022, the Court issued notices and vide order dtd. 21/3/2022, directed respondents not to issue the appointment orders to selected candidates. Thereafter, candidates, who possess degree in automobile/mechanical engineering and participated in the recruitment process, moved applications for seeking their impleadment in the writ petition. Their applications for impleadment were allowed vide order dtd. 18/4/2022. During course of writ petition, the Court vide order dtd. 3/8/2022 directed the RSSB to refer the matter to the Department of Personnel (DOP) under Rule 36 of the Rules 1963 seeking the opinion on the point as to whether persons having higher educational qualification i.e. degree in mechanical engineering are eligible to apply for the post of Motor Vehicle Sub-Inspector under the Rules of 1963 and vide same order dtd. 3/8/2022, the Court impleaded the Department of Personnel as party respondent in the writ petition. In compliance thereof, issue was placed before DOP and, Joint Secretary, DOP, Government of Rajasthan vide letter dtd. 30/8/2022 opined that the higher qualified candidates would be treated as eligible to participate in the recruitment process on the post of MVSI. Since the opinion of DOP vide letter dtd. 30/8/2022, travels against the petitioners, again, in SBCWP No.382/2022, amendment was prayed for to assail the letter of DOP dtd. 30/8/2022. The amendment was allowed and second amended writ petition has been filed on 20/9/2022. Reliefs sought in the amended writ petition are reproduced hereunder:-