AMAR CHAND SANI S/O SHRI BHERU LAL SANI Vs. STATE OF RAJASTHAN THROUGH THE SECRETARY, AGRICULTURE DEPARTMENT

JUDGEMENT

(1.) Challenge in the four captioned appeals is to a common order dated April 1, 2010 granting relief in two Writ Petitions No.4902/2004 and 4913/2004 to the writ petitioners. The State of Rajasthan is aggrieved by the decision and so are the appellant Amar Chand and others who were not impleaded as respondents in the two writ petitions.

(2.) The grievance of the writ petitioners was to the Recruitment Rule for the post of Assistant Director(Junior)/Secretary Marketing Committee prescribing a minimum educational qualification for being promoted to said post. Granting relief to the writ petitioners the learned Single Judge has taken the view that since the educational qualification prescribed was not prescribed for the feeder cadre post, the writ petitioners were denied right to be promoted which violated Article 14 of the Constitution of India.

(3.) Relevant facts would be that the cadre comprises the post of a Marketing Supervisor at the base. The promotional post is that of a Junior Marketing Officer/Secretary Market Committees. The Recruitment Rule for the said post of Junior Marketing Officer/Secretary Market Committees reads as under:- <FRM>JUDGEMENT_116_LAWS(RAJ)5_2017_1.html</FRM>