- (1.) The respondent- Rajasthan State Road Transport Corporation (for short 'the Corporation') issued an advertisement for filling up various posts including the posts of Driver and Conductor. The first advertisement for the aforesaid posts was issued bearing advertisement No. 219/2009-10 dated 5.3.2010. That was, however, not given effect and another advertisement was issued for the same post on 24.9.2010 bearing No. 152/2010-11. In the second advertisement, it was provided that the applicants, who had submitted applications pursuant to the earlier advertisement, need not to apply again. The selections for different posts were accordingly held pursuant to the advertisement dated 24.9.2010. Before the advertisement dated 24.9.2010, an office order dated 23.4.2010 was issued indicating about Board's resolution to amend the schedule to the regulations for qualification of the posts of Driver and Conductor and its approval by the Government vide its letter dated 22.4.2010. By virtue of the amendment in the Schedule to the regulations, a Driver or Conductor was required to possess qualification of secondary apart from driving licence of heavy motor vehicle and conductor's licence along with batch. For the post of Driver, 3 years experience was also required. The amendment was made effective since 18.2.2010. By these writ petitions, a challenge has been made to the aforesaid amendment.
(2.) With the consent of all the parties, matter is heard by this Court as amendment in regulations is not by legislative process, hence, matter can be heard by Single Bench.
(3.) Learned counsel for petitioners submit that amendment in Schedule appended to the regulations is illegal being in violation of the provisions of the Motor Vehicle Act, 1988 (for short 'the Act of 1988') and the Rajasthan Motor Vehicles Rules, 1990 (for short 'the Rules of 1990'), thus amendment deserves to be set aside so as the relevant clauses in the advertisement providing qualification for the posts of Driver and Conductor other than provided under the provisions of the Act of 1988 and the Rules of 1990. It is submitted that the Act of 1988 and the Rules made thereunder provides qualifications and conditions to obtain licence for driver as well as for conductor. The Corporation is not authorized to provide different qualification for Conductor and Driver for their appointment. The Corporation provided qualification of secondary for Driver as against the required qualification of Class VIII. At the same time, a condition is provided for the Driver to have a conductor licence along with batch and for a Conductor to have a driving licence of heavy motor vehicle' though such qualification for a Conductor and Driver is not provided under the Act of 1988. Thus, the office order dated 23.4.2010 and the amendment as made by the Corporation indicated therein becomes illegal being in conflict to the Central Act and the Rules made thereunder. The Corporation is not having the legislative competence, hence, the Act and the Rules made by the Legislature cannot be annulled by them. The powers of the Corporation are limited for framing of the regulations by virtue of Section 45 of the Road Transport Corporation Act, 1950 (for short 'the Act of 1950'). By amendment in Section 45 of the Act of 1950, previous sanction of the State Government and notification in official gazette is a pre-condition to make the regulations. In the present matter, there exists no gazette notification in regard to the amendment in the regulations, hence, amendment under the Board's resolution and sanctioned by the Government cannot be given effect unless a gazette notification is issued. However, the Corporation has given effect to the amended regulation in an illegal manner and thereby all the petitioners were debarred to participate in the selection. This Court, however, passed interim order whereby most of the petitioners were permitted to appear in the written examination and in few other cases in trade test. Looking to the aforesaid, the impugned office order and the amendment in the regulations carried out by the Corporation may be declared as illegal.;