Alok Sharma, J. - (1.) THESE writ petitions involve an identical issue and therefore are being decided by a common judgment. Writ Petition No. 8020/2014 is taken as the lead case for reference to relevant facts largely common and grounds agitated.
(2.) AN advertisement was published by the respondent Bureau of Investment Promotion (hereinafter 'the BIP') in Rajasthan Patrika, a vernacular newspaper on 2 -8 -2011 inviting applications for appointment to the post of Secretary Grade -III. A condition in the advertisement for appointment to the post of Secretary Grade -III, relevant to these writ petitions, was that the applicants were to have obtained inter alia, a certificate of English Shorthand and typing with speed of 140/40 words per minute from a recognised University or institute. 22 applications were received, of which six applications were shortlisted, including the three petitioners before this court. Following an interview on 24 -8 -2011, the petitioners were appointed, on an apparent temporary relaxation of eligibility condition as neither of them had a certificate of English Shorthand and typing with speed of 140/40 words per minute from a recognised University or institute as warranted by the advertisement. This appears to have been done as BIP was in grave need of Secretaries Grade -III with the ability to take dictation. However condition 2(b) of their letters of appointment dated 13 -9 -2011 specifically provided that confirmation of the petitioners appointed on probation for two years was subject to their achieving the "prescribed standard" for the post in issue. It appears that during the period of probation the petitioners were given opportunity of achieving the prescribed standard of English Shorthand and typing with speed of 140/40 words per minute but failed to do so. However on the expiry of two years probation, the petitioners sought regularisation to the post of Secretary Grade -III. The respondent BIP however took the view that the petitioners having failed to satisfy condition 2(b) of the letter of appointment dated 13 -9 -2011 and not having achieved the "prescribed standard", they could not be confirmed on the post of Secretary Grade -III. Further opportunities were allowed by the respondent BIP to petitioners to achieve the "prescribed standard". Not only were the petitioners tested in the office of respondent BIP, but also at the Mahila ITI Jaipur on 19 -7 -2014. Yet they failed. In these circumstances the respondent BIP terminated the services of two petitioners (in SBCWP No. 9480/2014 and SBCWP No. 9461/2014) vide order dated 8 -9 -2014. The petitioner Shashi Chaudhary however preferred the writ petition prior to her termination. By various interim orders this court directed the petitioners may not be discontinued from service. They are so continuing as of today.
(3.) MR . R.K. Mathur, Senior Advocate appearing with Mr. Aditya Mathur for the petitioners submits that the petitioners were appointed on the post of Secretary Grade -III after going through a regular process of selection despite lacking in the requisite certificate of English Shorthand and typing with speed of 140/40 words per minute from a recognised University or institute. That condition of eligibility thus stood waived. It has been further submitted that since their appointment, the performance of the petitioners has been very good and there has been no dissatisfaction expressed by the respondent BIP with regard to their working. Senior Counsel has submitted that although the petitioners have indeed failed to achieve the requisite "prescribed standard" - -of speed - -in English Shorthand and typing @ 140/40 words per minute, it now stands to be of little consequence, more so as in the entire duration of their service with the respondent BIP the petitioners have never required to sit for a long dictation. Senior counsel submitted that now for BIP to resurrect a condition of the advertisement earlier waived and in any case irrelevant to the petitioners' efficiency to the post held by them following their selection after due process, is wholly arbitrary, unjust and unfair.;