Alok Sharma, J. - (1.) UNDER challenge is the respondent Rajasthan State Road Transport Corporation (hereinafter 'the RSRTC') order dated 30 -5 -2014 whereby the petitioner despite passing the written examination conducted by the RSRTC for the post of Store Sub Inspector has been denied appointment for the reason that as against the eligibility requirement of a diploma in Mechanical Engineering, the petitioner had obtained one in Mechanical Engineering (Refrigeration and Air Conditioning).
(2.) RSRTC advertised on 24 -6 -2013 calling for on -line applications to the post of Store Sub Inspector. The eligibility was Diploma in Electrical/Automobile/Mechanical Engineering from a recognized institution. The petitioner, a diploma holder in Mechanical Engineering (Refrigeration and Air Conditioning) from Government Khetan Polytechnic College Jaipur, recognized and affiliated to the department of Technical Education Rajasthan at Jaipur applied. He was admitted to the written examination and passed it. On 4 -2 -2014 the petitioner was issued an appointment order as Store Sub Inspector, albeit subject to verification of certificates. On the petitioner submitting his certificate before the Three Member Committee of RSRTC, constituted for the purpose, his educational qualification as diploma holder in Mechanical Engineering (Refrigeration and Air Conditioning) was put to a question mark. The matter was referred by the RSRTC to the Department of Technical Education Jodhpur vide letter dated 11 -3 -2014. In response the Department of Technical Education vide letter dated 23 -4 -2014 stated as under: - The respondent RSRTC however took the view that Department of Technical Education's letter dated 23 -4 -2014 was not categorical enough for its requirement. Conformity or equivalence with the conditions of eligibility i.e. Diploma in Mechanical Engineering was not satisfied. Hence vide order dated 30 -5 -2014, the petitioner's conditional appointment (subject to verification of documents dated 4 -2 -2014) was cancelled. The petitioner's representation against the cancellation dated 30 -5 -2014, under directions of this court in SBCWP No. 8831/2014 vide order dated 26 -8 -2014 was of no avail. RSRTC decided to stand by the order dated 30 -5 -2014. Hence this petition.
(3.) COUNSEL for the petitioner has submitted that RSRTC has taken a wholly arbitrary and perverse view that the petitioner's educational qualification of a diploma in Mechanical Engineering (Refrigeration and Air Conditioning) was not a diploma in Mechanical Engineering. It has been submitted that the words (Refrigeration and Air Conditioning) in the certification of diploma in Mechanical Engineering issued to the petitioner by the Government Khetan Polytechnic College Jaipur, affiliated to and recognized by the department of Technical Education are only indicative of specialization in refrigeration and Air Conditioning and not that the petitioner has a three year diploma only in Refrigeration and Air Conditioning. Where is so, the certificate would not have said that the diploma was in Refrigeration and Air Conditioning. It has been submitted that on RSRTC seeking clarification/expert advise from the highest Technical Authority in the State, the Department of Technical Education has categorically conveyed that the petitioner's diploma in Mechanical Engineering (Refrigeration and Air Conditioning) issued following a three year course in a polytechnic affiliated and approved college, was basically one in Mechanical Engineering with expertise in Refrigeration and Air Conditioning and rendered the petitioner eligible to apply on the strength thereof on the post with the eligibility/educational qualification of a diploma in Mechanical Engineering. Counsel submitted that having sought expert advise, RSRTC without good reason jettisoned it to the petitioner's gross prejudice and disadvantage in a wholly arbitrary, unfair and unjust manner. Relying on the judgment in case of Dr. Basavaiah Vs. Dr. H.L. Ramesh [ : (2010) 8 SCC 372] it has been submitted that the Hon'ble Apex Court, albeit in another context, has held that expert advice when not mala fide should be given the highest regard, adhered to and acted upon. In the instant case, with the Board of Technical Education finding the petitioner's Diploma in Mechanical Engineering (Refrigeration and Air Conditioning) to be one basically in Mechanical Engineering with specialization in Refrigeration and Air Conditioning, and sufficient to render eligible holder thereof when seeking employment requiring a diploma in Mechanical Engineering, RSRTC ought to have followed the opinion and allowed the petitioner to join on the post of Store Sub Inspector consequent to his appointment. It was submitted that the petitioner indeed qualified in the written examination in issue with flying colours was proof of the fact that the petitioner had the requisite qualification of diploma in Mechanical Engineering for without such qualification the petitioner could not have conceivably passed a technical examination fundamentally relating to Mechanical Engineering.;