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Rajasthan High Court · body

2009 DIGILAW 684 (RAJ)

Chander Mohan Dayama and two others v. State

2009-03-05

ASHOK PARIHAR, G.S.SARRAF

body2009
JUDGMENT 1. - Since on similar set of facts a common judgment passed by the learned Single Judge is under challenge, all the appeals have been heard together and are decided by this common order. 2. The appellants are aggrieved by non-consideration of their candidature for selection to the post of Sub Inspector of Police on the ground of not having requisite qualification. On a requisition being sent by the State Government for selection to the post of Sub Inspector of Police selections were made by the RPSC in the year 1997. The recruitment was to be made under the provisions of the Rajasthan Police Subordinate Service Rules, 1989. The qualifications for direct recruitment to the post of Sub Inspector have also been provided under Schedule-I of the Rules of 1989. For the posts in question a candidate has to possess degree in Arts, Commerce or Science of a University established by law in India. Admittedly, the appellants were having qualification of Shastri from a recognised University. 3. Learned counsel for the appellant with all vehemence at their command submitted that the qualification of Shastri should be treated as equivalent to that of degree in Arts. 4. However, in absence of any such provision under the relevant rules in our opinion the contentions raised on behalf of the appellants cannot be accepted. More so when the qualifications are prescribed by the authorities as per nature of services and requirement of a particular post. This court cannot direct the authorities to relax a particular qualification or insert a particular qualification in the rules for selection to a particular post. The State Government has also powers to relax rules under the above Rules of 1989. However, such relaxation can only be given so far as age and experience, as and when required. No relaxation can be given even by the State Government so far as qualifications are concerned. Learned counsel for the appellants also submitted that certain posts are still vacant however, with the lapse of time no direction can be issued to give appointments from the selections which are over long back. 5. Having considered the entire facts and circumstances, since after due consideration proper discretion have already been used by the leanred Single Judge we find no ground for any further interference. The appeals are dismissed accordingly having no merits.Appeal Dismissed. *******