Jagdish Bhalla, C.J. - (1.) FOLLOWING question has been referred for consideration by the Larger Bench: Whether as per the educational, qualifications mentioned in Clause 13 of the advertisement, the driving licence and experience should be possessed by the candidate on the last date of filing the application or on or before the date of interview? BRIEF FACTS OF THE CASE Matter pertains to selection on the post of Motor Vehicle Sub -Inspector pursuant to advertisement dated 1.10.2001.
(2.) LEARNED Counsel appearing for Rajasthan Public Service Commission (for short 'the RPSC') submits that as per Para 13 of advertisement, a candidate was required to possess one year experience of repairing light motor vehicle, heavy motor vehicle and heavy passenger motor vehicle from a reputed Automobile Workshop apart from a driving licence authorizing to drive motor cycle, heavy motor vehicle and passenger motor vehicle. Aforesaid qualification was required on the last date of submission of the application. A candidate was also required to possess qualification of secondary education and diploma in Automobile Engineering (3 years course) or diploma in Mechanical Engineering (3 years course) or any equivalent qualification recognized by Central Government or State Government. Aforesaid qualification was required to be possessed before date of interview. The RPSC proceeded with the selection strictly as per the conditions narrated above, which were otherwise in consonance with the amendment made in the Service Rules. Vide a notification various Service Rules were amended in the year 1999. Pursuant to aforesaid amendment, only for educational qualification, an amendment was made, which reads thus: 2. Amendment - -In the existing rule as mentioned in Column Number 3 against each of the Service Rules as mentioned in Column Number 2 of the Schedule appended herewith, the following proviso shall be added, namely: Provided that the person who has appeared or is appearing in the final year examination of the course which is the requisite educational qualification for the post as mentioned in the rules or schedule for direct recruitment, shall be eligible to apply for the post but he/she shall have to submit proof of having acquired the requisite educational qualification to the appropriate selection agency: - - (i) before appearing in the main examination, where selection is made through two stages of written examination and interview; (ii) before appearing in interview where selection is made through written examination and interview; (iii) before appearing in the written examination or interview where selection is made through only written examination or only interview, as the case may be. Aforesaid amendment was made in all Services Rules which includes Rajasthan Transport Subordinate Service Rules, 1963 (for short 'the Rules of 1963'). In view of aforesaid amendment, a candidate, appearing in final year examination of requisite educational qualification for the post, was eligible to apply for the post but required to submit proof of having acquired the requisite, educational qualification at the time prescribed under amended Rule 2(i)(ii)(iii).
(3.) LEARNED Counsel for RPSC submits that Para 13 of advertisement is quite clear. The eligibility qualification given therein was required to be possessed on or before the last date of submission of application and exception was made for those candidates, who are pursuing their last year's study of qualifying examination, to produce certificates of requisite educational qualification before date of interview. In view of Division Bench judgment of this Court on the same issue, there was no occasion for another Division Bench to refer the matter to the Larger Bench, more specifically, when it is not a case where two divergent judgments of Division Bench exist. The issue is otherwise covered by the catena of judgments of the Hon'ble Apex Court. The Larger Bench may accordingly consider judgment of Division Bench in D.B. Civil Special Appeal No. 525/2003 Rajasthan Public Service Commission and another v. Shri Manish Thakur decided on 20.5.2004, for answering the reference.;