RAJESH GUPTA Vs. STATE OF J AND K
LAWS(J&K)-2006-12-7
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 13,2006

RAJESH GUPTA Appellant
VERSUS
STATE OF J AND K Respondents

JUDGEMENT

Y.P.NARGOTRA, J. - (1.) THE Jammu and Kashmir Service Selection Board (hereinafter referred to as the Selection Board) vide its Advertisement Notice No. 10 of 2005 dated 29.12.2005 invited the applications for the post of Motor Vehicle Inspector (Survey) and Motor Vehicle Inspector (Tech.) for the State cadre as well as for the Divisional cadres of Jammu Division and Kashmir Division. The eligibility qualification/criteria prescribed for the said posts is 'diploma in Auto Mobile Engineering from any recognized institute having at least 5 years experience in any recognized institution of the State Transport Undertaking.' The last date prescribed for submission of the application forms was 31.1.2006.
(2.) IN response to the said notification, the petitioners along with other candidates submitted their applications. However, thereafter, various representations were received by the Government as well as the Selection Board regarding the discrepancy in the eligibility qualification vis -' -vis the qualification prescribed for the same post in the past. The Service Selection Board vide No. SSB/SEL/Secy/06/5597/06 dated 15.2.2006 took up the matter with the Transport Department for clarification. The Transport Department after examining the provisions of Central Motor Vehicles Act, 1988 issued the clarification. Consequently, the Selection Board on the basis of clarification received issued Corrigendum No. DIP/J -4225 dated 21.2.2006 in the following terms: Now therefore kindly read qualifications for the post of Motor Vehicle Inspectors advertised vide Notification No. 10 of 2005 dated 29.12.2005 as under: 1. Minimum general educational qualification of a pass in X standard and 2. (i) a diploma in Automobile Engineering (3 years Course) or (ii) a diploma in Mechanical Engineering awarded by the State Board of Technical Education (3 years course) or (iii) any qualification in either of the above disciplines declared equivalent, by the Central Government or State Government. 3. Working experience of at least one year in a reputed automobile workshop which undertakes repairs of both light motor vehicles, heavy good vehicles and heavy passenger motor vehicles fitted with petrol and diesel engine, and 4. Must hold a driving license authorizing him to drive motor cycle, heavy goods vehicles and heavy passenger motor vehicles. Consequent upon the criteria for shortlisting and follow up process notified for the post vide Notification No. 11 of 2005 dated 29.12.2005 (gazetted in the issue of 29th December 2005) shall stand modified as under:1. Weightage for the basic tech qualification with one yearexperience = 602. Degree (B.E.) in relevant discipline = 103. M.E. in the relevant discipline = 104. Viva -voce = 20 Thus, the Selection Board by issuance of Corrigendum has prescribed/modified the eligibility qualification/criteria for selection of the candidates for the posts advertised. The petitioners being not satisfied with such modified eligibility qualification are questioning the legality of Corrigendum on the apprehension that they may be thrown out of the competition on account of their ineligibility to appear under the new eligibility qualification/criteria set out bv the Corrigendum.
(3.) THE case of petitioners is that the posts of Motor Vehicle Inspector (Survey) and Motor Vehicle Inspector (Tech.) are governed by the Jammu and Kashmir Transport Controller's (Subordinate) Service Recruitment Rules, 1974 and are referred to in Clause (IV) under Category 'B' of Schedule 'A' appended to the rules, in which the qualification prescribed is the same as was in the original notification dated 29.12.2005, therefore, the qualification prescribed by the Corrigendum being contrary to the recruitment rules is invalid.;


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