A.M.SAPRE, J. - (1.) THE decision rendered in this appeal shall also govern disposal of other six connected special appeals being SAW Nos. 03954/2010, 03956/2010, 03957/2010, 03958/2010, 03959/2010 and 03960/2010 because firstly all these appeals arise out of common order passed by learned Single Judge and secondly they involve common questions of law and fact.
(2.) THIS is an intra court appeal filed by the respondents of W.P. No. 2764 of 2010 under Rule 134 of Rajasthan High Court Rules against an order dt. 11.5.2010 passed by Single Judge in aforementioned writ petition. Facts of the case lie in a narrow compass. They, however, need mention in brief. The appellant No. 1 is a Company engaged in the business of distribution of electricity in State of Rajasthan. It is a State within the meaning of Article 12 of the Constitution of India and is, thus, amenable to writ jurisdiction of this Court under Article 226 of the Constitution of India. On, 18.5.2009, the appellant published an advertisement inviting applications from the eligible candidates for the post of Junior Engineer First (Electrical). In all there were 135 posts for which applications were invited. The application forms were to be submitted by the candidates on or before 18.6.2009 along with necessary details and documents. The advertisement mentioned the requisite qualifications for the post. As per the requirement, it was necessary for the candidate to posses the B.E. degree or its equivalent with minimum 55% marks. The forms, if found incomplete in any respect were liable to be rejected. These conditions being relevant for the disposal of this writ petition are reproduced herein below for convenience. JUDGEMENT_373_RAJLW1_2011Image1.jpg JUDGEMENT_373_RAJLW1_2011Image2.jpg The respondents claiming to be the eligible candidates submitted their forms. It may be relevant to mention that none of the respondent was having the B.E. Degree or its equivalent. In other words, it was an admitted fact that none of the respondents had completed their B.E. Course or/and its equivalent course on the date of submission of their form (18.6.2009) but they all claimed that they had appeared in the Final Examination of B.E. Course or its equivalent prior to issuance of the advertisement and were awaiting their results. The appellants scrutinized the forms and noticed that none of respondents had enclosed along with their forms either the copy of their B.E.Degree or its equivalent so also their mark sheets. Due to this defect in the forms so also due to non-submission of degree/mark sheet, It was not possible to verify as to whether such candidate was having the requisite qualification prescribed for the post and if so whether he had secured minimum 55% marks so as to declare him as an eligible candidate.
(3.) THE appellants, therefore, rejected their forms on the ground that firstly it was incomplete for want of requisite documents namely- degree and mark sheet and secondly none of the respondents was eligible to apply for the post in question because none of them possessed requisite qualification prescribed in the advertisement. The writ petitioners felt aggrieved of this action of the appellants, filed writ petition out of which this appeal arise against the appellants and prayed that they be declared as an eligible candidate and they be allowed to appear and participate in selection process for the post of Junior Engineer. According to them, even though he/they did not possess the requisite qualification on the date of advertisement or on the date of submission of form but since he/they had appeared in the Final B.E. Examination prior to issuance of examination and only awaiting for the declaration of their result, they were eligible to apply for the post as an eligible candidate. The appellants contested the writ petition. According to them, none of the writ petitioners were eligible candidates for the post in question because no one possessed B.E. Degree or its equivalent on the date of issuance of advertisement or/and on the date of submission of the form. It was contended that mere appearing in the Final B.E. Examination was not enough and the same could not be regarded as equivalent to possessing B.E. Degree. It was thus contended that the appellants were justified in rejecting the forms of the writ petitioners treating them to be ineligible for the post as on the date of advertisement on the ground of they not possessing the requisite qualifications prescribed for the post and for not filing the degree and mark sheet along with their application forms. ;