Vipin Dewal vs State Of Rajasthan
2022 Latest Caselaw 12340 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 8066/2019

Vipin Dewal S/o Shri Raviraj Dewal, Aged About 31 Years, R/o Khudala Falna, District Pali (Raj.). ----Petitioner

Versus

1. State Of Rajasthan, Through Secretary, Local Self Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director And Joint Secretary, Local Self Bodies, G-3, Raj Mahal Residency, Near Civil Lines Fatak, Jaipur.

3. The Deputy Director (Administration), Local Self Bodies, G-3, Raj Mahal Residency, Near Civil Lines Fatak, Jaipur.

4. The Secretary, Rajasthan Municipalities (Administrative And Technical) And (Subordinate And Ministerial), Service Selection Commission, G-3, Raj Mahal Residency, Near Civil Lines Fatak, Jaipur.

----Respondents

Connected With

S.B. Civil Writ Petition No. 7147/2019 Mahipal Singh S/o Shri Govind Dan, Aged About 29 Years, Resident Of Village Jhankar, Post Janapur, Tehsil Pindwara, District Sirohi, Rajasthan.

----Petitioner

Versus

1. State Of Rajasthan, Through The Secretary, Local Self Department, Govt. Of Raj. Secretariat, Jaipur.

2. The Director, Local Body, Jaipur.

3.     The       Rajasthan       Municipalities           (Administration      And


                                             (2 of 11)                   [CW-8066/2019]


         Technical),     And       Subordinate          And        Ministerial    Staff

Selection Commission, G-3, Rajmahal Residency, Near Civil Line, Jaipur Through Its Secretary.

----Respondents

S.B. Civil Writ Petition No. 7197/2019

Praveen Kumar Rajpurohit S/o Shri Chunnnilal, Aged About 31 Years, Resident Of Purohit Was, Pindwara, District Sirohi Rajasthan.

----Petitioner

Versus

1. State Of Rajasthan, Through The Secretary, Local Self Department, Govt. Of Raj. Secretariat, Jaipur.

2. The Director, Local Body, Jaipur.

3. The Rajasthan Municipalities (Administration And Technical), And Subordinate And Ministerial Staff Selection Commission, G-3, Rajmahal Residency, Near Civil Line, Jaipur Through Its Secretary.

                                                                    ----Respondents




For Petitioner(s)           :     Mr. Mahaveer Bishnoi
                                  Dr. Pratishtha Dave
                                  Mr. Rameshwar Dave
For Respondent(s)           :     Mr.   Hamir Singh Sidhu
                                  Mr.   Preet Kamal Sidhu
                                  Mr.   Kunal Upadhyay for
                                  Mr.   Sunil Beniwal, AAG
                                  Mr.   Devam Jain for
                                  Mr.   Rajesh Parihar, AGC





                                              (3 of 11)              [CW-8066/2019]


               HON'BLE MR. JUSTICE KULDEEP MATHUR

                                        Order

Reportable
     17/10/2022

The instant bunch of writ petitions involve common questions

of fact and law and hence, the same have been heard and are

being decided together by this order.

Briefly stated facts of the case are that an advertisement

dated 30.12. 2015 was issued by the Rajasthan Municipalities

(Administrative and Technical) and (Subordinate and Ministerial)

Service Selection Board (Selection Board) inviting applications for

the post of Solid Waste Manager (Sanitary Inspector Grade-II)

(hereinafter referred to as 'advertised post'). The selections were

to be conducted in conformity with the Rajasthan Municipal

(Subordinate and Ministerial) Service Rules, 1963 (hereinafter

referred to as 'Rules of 1963'). The last date for submitting

applications for appointment against the advertised post was

06.02.2016. Under Clause-5 of the advertisement, the minimum

qualification prescribed for the advertised post was graduation or

its equivalent qualification. In the note appended to Clause 5, it

was mentioned that candidates appearing in the final year

examination of the prescribed qualification i.e. graduation shall be

eligible to apply for the advertised post, however, the prescribed

qualification was to be acquired on or before the date of the

declaration of the result of written examination conducted by the

Selection Board for the advertised post. The petitioners submitted

application forms for appointment to the advertised post.

The petitioners at the time of submitting application form in

the questioned selection process were possessing the qualification

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of graduation and were pursuing the Sanitary Inspectors' Diploma

course. Few candidates challenged the advertisement dated

30.12.2015 on the ground that the advertisement laid eligibility

for prospective candidates to be graduates, whereas the Rules,

1963 contemplated Matriculation or its equivalent qualification

(Trained). A coordinate Bench of this Court at Jaipur in a batch of

writ petitions led by Kailash Chand Meena and Anr. V State of

Rajasthan and Ors. (S.B. C.W. No.16517/2016) vide order

dated 10.10.2017 held that in the Schedule annexed to Rules,

1963, the qualification required for direct recruitment to the

advertised post is matriculation or its equivalent qualification

(Trained) i.e. Diploma in Sanitary Inspectors' Course, therefore,

the selection process against the post of Sanitary Inspector Grade-

II should be held in conformity with the qualifications provided

under the Rules of 1963. The respondent-Selection Board vide

notification dated 11.05.2018 called all those candidates who

possessed the requisite qualification including Sanitary Inspectors'

Diploma for document verification from 21.05.2018 to 23.05.2018

in order of merit. However another notification was issued on

14.05.2018 containing a condition at serial No.3 to the effect that

Sanitary Inspectors' Diploma should have been obtained by the

prospective candidates prior to the date of submission of

application forms i.e. 06.02.2016.

Being dissatisfied with the above mentioned condition,

certain candidates approached this Court at Jaipur by way of filing

S.B. C.W. No.19721/2018 (Shyam vs. State of Rajasthan). A

coordinate Bench of this Court at Jaipur passed an interim order

dated 31.08.2018 directing the respondents not to press upon the

condition No.3 mentioned in the notification dated 14.05.2018 and

(5 of 11) [CW-8066/2019]

all the candidates who have obtained Diploma Certificate up to the

date on which result was declared shall be treated eligible.

Present petitioners had obtained the qualification of Sanitary

Inspectors' Diploma prior to the date on which result of the

questioned selection was declared. The respondents in view of the

interim order dated 31.08.2018 passed by this Court considered

petitioners to be eligible for the advertised post and accordingly

vide order dated 29.10.2018, appointed them in various

municipalities. Subsequently, the petitioners joined the respective

places of posting. The writ petition in the case of Shyam (supra)

came to be heard on an application seeking vacation of interim

order dated 31.08.2018 and the coordinate Bench vide order

dated 05.02.2019, vacated the interim order on the ground that

the candidate should have the requisite qualification of diploma in

sanitary on or before 06.02.2016, the last date of submission of

application for the post of Sanitary Inspector Grade-II. The writ

petition is still pending adjudication before this Court at Jaipur.

The Director-cum-Joint Secretary, Department of Local Self

Government vide order dated 17.05.2019, terminated services of

petitioners from the advertised post observing that they did not

possess requisite qualification of Sanitary Inspectors' Diploma on

or before the last date of submission of application for the post i.e.

06.02.2016. Aggrieved by the termination order dated

17.05.2019, present writ petitions have been filed. The effect and

operation of termination order dated 17.05.2019 has been stayed

by this Court in S.B. C.W. No.8066/2019 vide order dated

18.06.2019.

Learned counsel for the petitioners submitted that under

clause 5 of the advertisement dated 30.12.2015 issued by the

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respondents for filling up the vacant posts of Sanitary Inspector

Grade-II qualification of graduation was prescribed. In the note

appended to Clause 5 it was clearly mentioned that candidates

appearing in the final year examination of graduation shall also be

eligible to apply for the advertised post but he/she shall have to

submit proof of having acquired the requisite educational

qualifications on or before the date on which the result of the

written examination for the advertised post is declared by the

Selection Board. Learned counsel submitted that in the case of

Kailash Chand Meena (supra), this Court held that the

qualification required for direct recruitment for the post of

Sanitary Inspector Grade-II shall be matriculation or its equivalent

qualification (Trained). Thus, all those candidates who had

acquired Sanitary Inspectors' Diploma on or before the date on

which the result of the written examination for the advertised post

was declared by the Selection Board are required to be treated

eligible for the advertised post. Learned counsel urged that the

evidence of acquiring the educational qualifications on or before

the date on which the result of the written examination was

declared had been established by the petitioners before the

Selection Board during the process of document verification,

therefore, the order of termination dated 17.05.2019 could not

have been issued qua the petitioners on the ground that they were

not possessing the requisite qualifications on or before the last

date for submitting application against the advertised post.

Per contra, learned counsel for the respondents submitted

that the petitioners were not possessing the requisite

qualifications of Sanitary Inspectors' Diploma on or before the last

date of submission of application forms i.e. 06.02.2016. Learned

(7 of 11) [CW-8066/2019]

counsel further submitted that it is settled law that where the

Rules do not provide for date by which the requisite qualification is

required, it is necessary for the candidates to acquire the requisite

qualification on or before the last date of submission of application

form for the post. Reliance was placed on the judgment rendered

in the case of Ashok Kumar Sonkar vs. Union of India,

reported in (2007) 4 SCC 54.

Heard learned counsel for parties and perused the material

available on record.

The Clause 5 of the advertisement dated 30.05.2012 issued

by the respondent Selection Board for the post of Sanitary

Inspector Grade-II reads as under:

"05- "kS{kf.kd ,oa rdfudh ;ksX;rk& ¼1½ vf/k"kk'kh vf/kdkjh prqFkZ] ¼2½ jktLo vf/kdkjh f}rh;] ¼3½ jktLo fujh{kd] ¼4½ lgk;d jktLo fujh{kd ¼5½ Bksl dpjk izac/kd ¼lQkbZ fujh{kd½ mDr ikap inksa dh "kS{kf.kd ;ksX;rk %& Hkkjr esa fof/k }kjk laLFkkfir fdlh Hkh fo"ofo+|ky; ls Lukrd mikf/k ;k jkT; ljdkj }kjk blds led{k ?kksf'kr ;ksX;rkA mDr ikap inksa ds fy, ,d gh izfr;ksxh ijh{kk vk;ksftr dh tkosxh] ftlesa vkosnd vius vkWu ykbZu vkosnu i= esa lsok ofj;rk Øe dk mYys[k djsxkA ftu vkosndksa }kjk inksa dh ofj;rk Øe dk mYys[k ugha fd;k tkrk gS rks mudh izkFkfedrk foHkkx }kjk r; dh tkosxhA mDr ikapksa inksa gsrq vkosnd dks vkWu ykbZu vkosnu i= Hkjus gsrq ,d ckj gh Qhl dk Hkqxrku djuk gksxkA

¼6½ fu;eksa esa jgs izko/kkuqlkj LokLF; vf/kdkjh ¼lkekU; osrueku½ ds fy, "kS{kf.kd ;ksX;rk ,e-ch-ch-,l ,oa Mh-ih-,p- dh fMxzh gksuk vko";d gSA

¼7½ fu;eksa esa jgs izko/kkuqlkj lgk;d vfHk;ark ¼flfoy½ ds in ds fy, "kS{kf.kd ;ksX;rk ch-bZ- flfoy dh fMxzh gksuk vko";d gSA

¼8½ fu;eksa jgs izko/kkuqlkj lgk;d vfHk;ark ¼fo/kqr½ ds inksa ds fy, "kS{kf.kd ;ksX;rk ch-bZ- fo/kqr dh fMxzh gksuk vko";d gSA

¼9½ fu;eksa jgs izko/kkuqlkj lgk;d vfHk;ark ¼;kaf=dh½ ds inksa ds fy, "kS{kf.kd ;ksX;rk ch-bZ- ;kaf=d dh fMxzh gksuk vko";d gSA

¼10½ fu;eksa esa jgs izko/kkuqlkj lgk;d vfHk;ark ¼i;kZoj.k ,oa Bksl dpajk izca/ku½ in dh "kS{kf.kd ;ksX;rk fuEukuqlkj gS%&

(8 of 11) [CW-8066/2019]

Master's Degree in Environmental Engineering after bachelor's degree either in Bio-Technology or Chemical or Civil or Mining or Environmental or Textile Engineering from a University established by law in India or foreign qualification recognized or equivalent thereto.

¼11½ fu;eksa esa jgs izko/kkuqlkj uxj fu;kstu lgk;d ds in dh "kS{kf.kd ;ksX;rk fuEukuqlkj gS %&

Bachelor of Planning or Bachelor of Technology in Planning from a recognized university or Institute established by law in India.

Or Degree in Architecture from a university established by law in India or qualification recognized as equivalent there to by the Government.

Or Post Graduate Degree in Geography/Economic/Sociology from a university established by law in India or qualification recognized as equivalent there to by the Government.

With Post Graduate Degree in Remote Sensing & Geo-informatics degree in a university established by law in India or qualification recognized as equivalent there to by the Government.

¼12½ fu;eksa esa jgs izko/kkuqlkj ofj'B izk:idkj dh "kS{kf.kd ;ksX;rk fuEukuqlkj gS %&

Post Graduate Degree in Geography/Economic/Sociology of a university established by law in India or qualification recognized as equivalent there to by the Government.

with Post Graduate Diploma in Remote Sensing & Geo-informatics (1 Years. Course) from a university established by law in India or qualification recognized as equivalent there to by the Government.

or

Diploma in Architecture/Architectural Assistantship (3 Yrs course) or equivalent qualification from recognized Institution.

or Polytechnic Diploma in Civil Draftsmanship with two yrs. Experience in Town Planning/Architect's office.

uksV%& in la[;k ,d 01 ls 05 ,oa 07 ls 12 dh "kS{kf.kd ;ksX;rk ds lkFk ;g Hkh i<k tk;s%& ijUrq ;g fd ikB~;Øe ds vfUre o'kZ dh ifj{kk] tks lh/kh HkrhZ ds fy, fu;eksa ;k vuqlwph esa ;Fkk mfYyf[kr in ds fy, visf{kr "kSf{kd vgZrk gS] eas lfEefyr gqvk ;k lfEefyr gksus okyk O;fDr in ds fy, vkosnu djus dk ik= gksxk fdUrq mls ijh{kk ifj.kke ?kksf'kr gksus rd visf{kr "kSf{kd vgZrk vftZr djus dk lcwr nsuk gksxkA

(9 of 11) [CW-8066/2019]

Li'Vhdj.k%& ;g Li'V fd;k tkrk gS fd mDr lqfo/kk dk ykHk os gh vH;FkhZ izkIr dj ldsaxs tks vkWu ykbZu vkosnu i= izkfIr dh vafre fnukad rd Lukrd ijh{kk ds vafre o'kZ esa izos"k ys pqds gksxsa ,oa Lukrd mikf/k ijh{kk ds vafre o'kZ dh ijh{k eas lfEefyr gq;s ;k lfEefyr gksus okys gSA"

(emphasis supplied)

Hon'ble the Supreme Court of India in the case of Ashok

Kumar Sonkar vs. Union of India, reported in (2007) 4 SCC

54, held as under:

"Possession of requisite educational qualification is mandatory. The same should not be uncertain. If an uncertainty is allowed to prevail, the employer would be flooded with applications of ineligible candidates. A cut-off date for the purpose of determining the eligibility of the candidates concerned must, therefore, be fixed. In absence of any rule or any specific date having been fixed in the advertisement, the law, therefore, as held by this Court would be the last date for filing the application."

Hon'ble the Supreme Court of India in case of Dr. M.V. Nair

vs. Union of India & Ors. reported in (1993) 2 SCC 429,

observed as under:

"It is well settled that suitability and eligibility has to be considered with reference to the last date for receiving the applications, unless, of course, the notification calling for applications itself specifies such a date."

Indisputably, the educational qualification of graduation

prescribed for the post of Sanitary Inspector Grade-II in the

advertisement dated 30.05.2012 was subject matter of challenge

before this Court in the case of Kailash Chand Meena (supra). A

coordinate Bench vide order dated 10.10.2017, declared the

qualification of graduation prescribed in the advertisement dated

30.12.2015 not to be in conformity with the Rules of 1963 and

accordingly directed respondents to consider the candidature of

(10 of 11) [CW-8066/2019]

the candidates having matriculation or its equivalent qualification

(Trained) for direct recruitment to the advertised post. It is also

not in dispute that the result of the written examination conducted

by the Selection Board for the advertised post was declared on

24.06.2018. The effect of the judgment dated 10.10.2017 passed

in the case of Kailash Chand Meena (supra) was thus that the

minimum qualification prescribed for the advertised post came to

be treated as matriculation or its equivalent qualification

(Trained), instead of graduation as had been prescribed in the

advertisement dated 30.12.2015. The other conditions stipulated

in the advertisement dated 30.12.2015 however remained the

same.

The natural consequence which entailed was that a candidate

undergoing course/examination of the qualification prescribed for

the advertised post was eligible to appear in the written

examination conducted by the Selection Board. The only rider

attached to the said condition was that the candidate must submit

proof of having acquired the requisite educational qualification on

or before the date on which the result of the written examination

was declared. Admittedly, the result of the written examination

was declared on 24.06.2018 and the petitioners had acquired the

Sanitary Inspectors' Diploma prior to the said date.

The Hon'ble Supreme Court in the cases of Ashok Kumar

Sonkar (supra) and Dr. M.V. Nair (supra) held that the cut off

date by reference to which eligibility requirements must be

satisfied by the candidate seeking a public employment is the date

specified in the relevant service rules and if no cut off date is

specified by the rules, then the date prescribed in the

advertisement inviting applications is to be treated as cut off date

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and if there is no date prescribed in the advertisements, then the

eligibility shall be considered with reference to the last date for

submission of application forms.

This Court has noticed that in the advertisement dated

30.12.2015, in the note appended to Clause 5, a clear stipulation

has been made that candidates must possess the requisite

eligibility for the advertised post on or before the date on which

the result of the written examination is declared by the Selection

Board. Since, the petitioners possessed Sanitary Inspectors'

Diploma on or before the date of declaration of result of written

examination conducted by the Selection Board i.e. 24.06.2018,

this Court has no hesitation in concluding that the petitioners do

not suffer from any ineligibility to hold the post of Sanitary

Inspector Grade-II.

In the result, the writ petitions stand allowed. The impugned

termination order dated 17.05.2019 is quashed and set aside. The

petitioners shall be treated to be in continuous services from the

date of initial appointment along with all consequential benefits.

No order as to costs

(KULDEEP MATHUR),J KshamaD/-

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