- (1.) HEARD Mr. Himanshu Jain, learned counsel for the petitioner and Mr. S.N. Kumawat, AAG for the respondents No.1 & 3. Briefly stated the facts relevant for disposal of the instant petition are that the petitioner has passed the Secondary Examination (10th) from the Board of Secondary Education, Ajmer in the year 1985 and thereafter appointed on the post of Rifleman in Rajputana Rifle Regiment in 13th Battalion. After rendering 15 years of service thereat, as sought for by him, he was prematurely retired. At the relevant point of time, he was granted by the concerned authorities, under whom he had been serving, graduation certificate which was construed to be equivalent to one for graduation, an academic qualification required for appointment in Group 'C' post under the Ex-servicemen (Re-employment in Central Civil Services & Posts) (Amendment) Rules, 1986 (for short hereinafter referred to as '1986 Rules').
(2.) ACCORDING to the petitioner, at all relevant points of time, in most of the subordinate services in the State, the academic qualification for the post, amongst others, of Patwar was matriculate. Subsequent thereto, he participated in the process initiated by the Rajasthan Public Service Commission, Ajmer (for short, hereinafter referred to as 'the Commission') for the Patwar Examination. This was on 11.7.2008. Admittedly, as on that date, the minimum academic qualification as a norm of eligibility of a candidate for the said examination, was a pass in Senior Secondary Examination or any other examination equivalent thereto as recognized by the Government. On the said touchstone, the petitioner was not qualified/eligible to participate in the said process and his candidature was eventually rejected on this ground. Mr.Jain, learned counsel for the petitioner has urged, with particular reference to 1986 Rules, that as for all intents and purposes, the graduation certificate issued to him, was construed to be one to testify a graduation degree, he, by no means even on the measure of mandate of Rule 273 of the Rajasthan Land Revenue (Land Records) Rules, 1957 (for short hereinafter referred to as 'the Rules'), could have been held to be disqualified for the Patwar Examination. According to the learned counsel, this qualification of 10+2 i.e. Senior Secondary School Examination is also ultra vires of the Constitution of India. Mr. Kumawat, has argued that the graduation certificate issued by the concerned authorities under whom the petitioner had served as Rifleman cannot, for all purposes, be construed to be one of graduation for all selection processes, including that for Patwar Examination in which he has been found to be ineligible being academically deficient. The learned counsel has further argued that 15 years of service of the petitioner cannot necessarily be a substitute for the academic qualification of 10+2 i.e. Senior Secondary Examination passed and thus the challenge to the vires of Rules 273 as well, is untenable.
(3.) UPON hearing the learned counsel for the parties and on a consideration of the materials on record, we are inclined to sustain the pleas taken on behalf of the respondents. In absence of any statutory prescription of equivalence between graduation certificate issued to the petitioner and the graduation in the academics regime as a level of educational accomplishment as approved, we are not persuaded to accept the contention raised by him in this regard. In terms of the Rule 273 of the Rules, the petitioner at all relevant points of time was accordingly ineligible to participate in the process for Patwar Examination that was initiated by the Commission vide its advertisement dated 11.07.2008.;