- (1.) HEARD Shri O.P.M. Tripathi, learned counsel for the petitioner and learned Standing Counsel.
(2.) THE petitioner has assailed the order dated 27.9.2011 whereby he has been declared ineligible for the selection on the post of driver. The ground for declaring him ineligible is that he does not hold the commercial motor driving licence with minimum period of three years on the date of publication, i.e, 9th May, 2011. Thus, it is stated that he does not fulfill the conditions laid down under Rule 11 (2) of the U.P. Government Department Driver's Service Rules, 1993.
(3.) LEARNED counsel for the petitioner submits that posts of drivers were advertised on 15.5.2011. The advertisement prescribes the essential qualification for the post of driver as under: " 12 A candidate who has - (I)passed High School examination of the Board of High School and Intermediate education Uttar Pradesh; (II)knowledge of vehicle mechanism; or (iii) shall in the territorial army for a minimum period of two years. Shall, other things being equal be given preference in the matter of recruitment in the service." Rule 11 prescribes ordinary, technical and academic qualification as under: (I)have passed class VIII examination from a recognized educational institution; and (II)passes a valid driving licence for heavy or light vehicle, as the case may be, for a period of not less than three years preceding the date on which vacancy is notified to the employment exchange under rule 16.;