- (1.) THE instant appeal presents a challenge to the judgment and order dated 4.7.2012 passed in S.B.Civil Writ Petition No.14854/2011, thereby interfering with the order dated 13.4.2011 of the Rajasthan Public Service Commission, Ajmer (for short, hereafter referred to as 'the Commission') adjuding the respondent/writ petitioner to be ineligible as a candidate for the post of Motor Vehicle Sub Inspector for lacking in post academic working experience, as prescribed by the Rajasthan Transport Subordinate Service Rules, 1963 (for short, hereafter referred as 'the Rules') as on 6.9.2008, the last date of receipt of applications in terms of the related advertisement. By order dated 7.9.2012 passed in S.B.Civil Review Petition No.169/2012, the appellants herein were directed to ensure compliance of the said decision within a period of six weeks from the date of production of the certified copy of that order.
(2.) THE pleaded facts in brief, being unavoidable, have to be outlined at the threshold. The Commission had issued a notification dated 26.7.2008 for holding competitive examination for direct recruitment to 66 posts of Motor Vehicle Sub Inspector stipulating 6.9.2008 to be the last date of receipt of applications from the aspiring candidates. The advertisement disclosed the educational qualification prescribed by the Rules as well as the working experience of at least one year in a reputed automobile workshop, which undertakes repairs of both light motor vehicle, heavy goods vehicles and heavy passenger motor vehicles fitted with petrol and diesel engines. A driving licence to drive motor cycle, heavy goods vehicles and heavy passenger vehicles, was also insisted upon. As admitted by the respondent/writ petitioner, the conditions of eligibility were mandated by the Rules. According to him, he had passed B.E. Automobile Engineering Degree Exam from the Rajasthan University held in June 2008 and also was possessed of working experience of one year having worked as apprentice with effect from 1.7.2007 to 10.8.2008, repairing petrol and diesel light and heavy motor vehicles, for which a certificate had been issued by Roshan Motors Private Limited, Jaipur to that effect. Before the expiry of the last date of receipt of application i.e.6.9.2008, as referred to in the notification dated 26.7.2008, the Commission had issued a corrigendum dated 18.8.2008 to the effect that the working experience, as a norm of eligibility, was to be acquired after obtaining the academic qualification as prescribed. This corrigendum was published in the Rajasthan Gazette Ordinary in its issue dated 11.8.2008. It clarified as well that the candidates, to be eligible, were required to be possessed of the essential academic qualification, experience and the driving licence by the last date of the application i.e.6.9.2008. The working experience of the respondent/writ petitioner for one year, as required, as per his averments in the writ petition, was not after the acquisition of B.E. Automobile Engineering Degree.
(3.) BE that as it may, he was permitted by the Commission to sit in the examination provisionally and was declared to have passed the same. Eventually however, by letter dated 13.4.2011 referred to hereinabove, he was disqualified on the ground of not possessing the required working experience of one year after acquiring the educational qualification before the last date of the application i.e.6.9.2008. Meanwhile however, with the intervention of this Court, he could appear in the interview, whereafter results were declared by the Commission on 23.9.2011. His results were withheld, and on being produced in the Court, it transpired that he had secured in all 236 marks against cut -off marks i.e.237 fixed for the general category candidates. Thus, he was declared as well to be unsuccessful in the selection. It was in this background that he instituted the aforementioned writ proceedings, amongst others, for declaration that the corrigendum dated 18.8.2008 was invalid, being in contravention of the Rules and also for adjudging his working experience to be sufficient to fulfil the prescription with regard thereto. A direction to the respondents was sought for to consider him eligible for the post of Motor Vehicle Sub Inspector, and to appoint him thereto.;