Rajasthan High Court - Jodhpur
Rohan Singh vs Union Of India on 5 March, 2021
Bench: Dinesh Mehta
(1 of 3) [CW-3900/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3900/2021
Rohan Singh S/o Shri Balwant Singh, Aged About 24 Years, B/c
Bisht , R/o V.p.o. Kandai , Distt. Chamoli (Uttarakhand) Presently
Working As Driver (Ordinary Grade) , 751 (I) , Tpt Pl Asc (Civil
Gt) C/o 56 A.p.o Jodhpur
----Petitioner
Versus
1. Union Of India, Through Secretary To The Government ,
Department Of Home Affairs , Government Of India , New
Delhi
2. Director General, Supplies And Transport (Dgst) ,
Quartermaster Generals Branch , Integrated Hq Of Mod
(Army) , Dhq Po New Delhi - 110011
3. Lieutenant Colonel, Officer Commanding , 751(I) Tpt Pt,
Army Service Cros (Civil Gt) C/o 56 A.p.o.
----Respondents
For Petitioner(s) : Mr. D. S. Sodha
JUSTICE DINESH MEHTA
Judgment
05/03/2021
1. By way of the present writ petition the petitioner has
challenged the order dated 17.02.2021, whereby his services have
been terminated.
2. The facts relevant for the present purposes are that the
petitioner applied for the post of Driver (Ordinary Grade),
pursuant to the recruitment notification issued by the respondents
(Annex.3). The essential terms in relation to qualification for the
said post given in the advertisement aforesaid reads thus :
(2 of 3) [CW-3900/2021]
"(i) Matriculation or equivalent from a recognized
University/Board.
(ii) Must possess civil driving license for heavy
vehicles.
(iii) Two years experience of driving heavy vehicle."
3. The petitioner was granted provisional license to drive heavy
vehicle on 05.12.2017 whereafter he was issued a permanent
driving license on 31.01.2018.
4. Petitioner applied for the said post in the month of August,
2019, whereafter he was selected and offered appointment by the
respondents, vide order dated 16.03.2020.
5. Petitioner was allowed to join in furtherance of the aforesaid
appointment order, but then, a show cause notice dated
06.11.2020 came to be issued to him asking him why his selection
be not cancelled as he was not qualified to be appointed, because
his license was issued on 31.01.2018. According to the
respondents, the petitioner does not fulfill the criteria of requisite
two years' driving experience.
6. Mr. Sodha, learned counsel for the petitioner, submitted that
on the date of issuance of appointment order i.e. 16.03.2020, the
period of two years from issuance of permanent license was
complete and, therefore, it cannot be said that the petitioner did
not have two years' experience of driving heavy vehicle, when he
was appointed.
7. Learned counsel further argued that the terms of
advertisement do not specify the date from which the experience
would be reckoned and as such, the period is to be counted from
the date of issuance of appointment order. He thus, argued that
the petitioner was having two years' experience and cannot be
held ineligible/disqualified.
(3 of 3) [CW-3900/2021]
8. So far as having two years' experience of driving heavy
vehicle, if counted on the date of advertisement is concerned, the
same cannot be disputed.
9. In considered opinion of this Court, in light of catena of
judgment of Hon'ble the Supreme Court and in the case of Ashok
Kumar Sonkar Vs. Union of India & Ors. reported in (2007 ) 4 SCC
54, unless relevant rules or the terms of the advertisement
otherwise provides eligibility criteria or education qualifications are
required to be seen on the date of application or latest by the last
date of submitting application form.
10. Even if the period of experience is reckoned from the date of
issuance of provisional license, the petitioner had not completed
two years, as on the last date of submission of application form,
let alone the date of application (August 2019).
11. This being the position, the petitioner has rightly been held
ineligible/disqualified for the appointment.
12. There is no force in the petition. The same is, therefore,
dismissed.
13. Stay application is also dismissed.
(DINESH MEHTA),J
134-A.Arora/-
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