BANSHIDHAR SHARMA Vs. STATE

JUDGEMENT

(1.) The petitioner is secondary passed and also possesses National Vocational Training Certificate in mechanic (motor mechanic) having been obtained in the year 1988. It is stated by the petitioner that according to the procedure laid down as per Rajasthan Transport Subordinate Service Rules, 1963 (hereinafter called as the Rules) for selection/appointment of Motor Vehicles Sub-Inspectors for direct recruitment, Part-V provides the procedure to be followed in the Schedule appended to the Rules and qualifications and eligibility conditions are mentioned. According to the Rules, 25% posts of the Motor Vehicles Sub-Inspectors are required to be filled up by way of promotion and remaining 75% as direct recruitment. It is stated that only those candidates are eligible for appointment who fulfil the qualifications as provided in the Schedule under column V appended to the Rules of 1963. Rule 9 provides for determination of vacancies, wherein it is provided that competent authority is to determine the vacancies of the earlier years, year-wise which were required to be filled up by promotion, if such vacancies were not determined and filled up earlier in which they are required to be filled in.

(2.) It is stated that perusal of aforesaid Rule 9 goes to show that rule-making authority had intentionally laid down strong emphasis on year-wise determination of vacancies. The age as prescribed under Rule 10 to be 18 as minimum and 35 years as maximum.

(3.) For direct recruitment, the procedure has been laid down in Chapter IV of the Rules of 1963. It is stated that last selection for the post of Motor Vehicle Sub-Inspector by way of recruitment was published in the year 1986, when 11 posts were advertised but thereafter no posts had been advertised. It is stated that promotions were being made from the cadre of L.D.Cs. in excess of the quota prescribed from the promotional channel and therefore those persons who are eligible to be appointed had missed their chance because of non-determination of the vacancies.