JUDGMENT : BY THE COURT: 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). 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:- **izkfof/kd f’k{kk eaMy jktLFkku] izek.k i= dzekad 2074 fnukad 23&4&2014 funsZ’kkuqlkj ;g izekf.kr fd;k tkrk gS dh esdsfudy ¼vkWVks eksckbZy½ esdsfudy ¼izksMD’ku½ esdsfudy ¼jsfQztjs’ku ,aM ,;j daMh’kfuax½ ,oa esdsfudy ¼e’khu Vwy ,aM Vwy VsDuksykWth½ esdsfudy bathfu;fjax ds fMIyksek/kkjh gS ,ao ewyr% esdsfudy bathfu;fjax ds lkFk lkFk dze’k% esdsfudy ¼vkWVks eksckbZy½ esdsfudy ¼izksMD’ku½ esdsfudy ¼jsfQztjs’ku ,aM ,;j daMh’kfuax½ ,oa esdsfudy ¼e’khu Vwy ,aM Vwy VsDuksykWth½ bathfu;fjax esa fo’kslKrk j[krs gSa blds lkFk ;g Hkh Li”V fd;k tkrk gS fd esdsfudy ¼vkWVks eksckbZy½ esdsfudy ¼izksMD’ku½ esdsfudy ¼jsfQztjs’ku ,aM ,;j daMh’kfuax½ ,oa esdsfudy ¼e’khu Vwy ,aM Vwy VsDuksykWth½ bathfu;fjax oxZ ds fo|kFkhZ esdsfudy bathfu;fjax ds lkFk lkFk dze’k% esdsfudy ¼vkWVks eksckbZy½ esdsfudy ¼izksMD’ku½ esdsfudy ¼jsfQztjs’ku ,aM ,;j daMh’kfuax½ ,oa esdsfudy ¼e’khu Vwy ,aM Vwy VsDuksykWth½ bathfu;fjax ls lEcaf/kr dk;Z djus okyh ljdkjh ,ao futh laLFkkvksa esa vkosnu dj ldrs gSa-** 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. 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 malafide should be given the highest regard, adhered to and acted upon. 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 malafide 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. Mr. Alok Chaturvedi, counsel for RSRTC has reiterated its case that a diploma in Mechanical Engineering (Refrigeration and Air Conditioning) was a variance with the prescribed educational qualification of Mechanical Engineering simplicitor and hence on consultation with Executive Director (works) it was decided not to appoint the petitioner, cancel the provisional appointment dated 4-2-2014, as it indeed was done vide order dated 30-5-2014. It has been submitted that the opinion of Department of Technical Education was not categorical and hence of no avail. It was therefore overlooked. Heard. Considered. The only issue in this petition is whether the petitioner with a diploma in Mechanical Engineering (Refrigeration and Air Conditioning) satisfied the condition of educational qualification in RSRTC's advertisement dated 24-6-2013 whereunder for appointment to the post of Store Sub Inspector the prescribed qualification was diploma in Electrical/ automobile/ Mechanical. The Hon'ble Supreme Court in the case of Uma Shankar Sharma Vs. Union of India [ (1980)3 SCC 202 ] held that the terms and conditions of service are to be considered reasonably and too technical view can defeat the essential spirit and content embodied in them. It was held that the respondents should not proceed on a technical view of the conditions of eligibility. Union of India [ (1980)3 SCC 202 ] held that the terms and conditions of service are to be considered reasonably and too technical view can defeat the essential spirit and content embodied in them. It was held that the respondents should not proceed on a technical view of the conditions of eligibility. The case before the Hon'ble Apex Court in which the above observations were set out and law on construing of conditions of eligibility enunciated was that the Collector of Central Excise Customs sought to fill some posts of Inspectors of Central Excise. Also eligible therein were “sportsmen” who represented the universities in the inter-state University Tournament conducted by the Inter-University Sports Board. The petitioner before the Hon'ble Apex Court had applied, was selected and issued an appointment letter in the category of sportsmen. He was however thereafter sought to be removed on the ground of his appointment being erroneous and vitiated for the reason that from the certificates presented by him it appeared that he was in the University team at the inter University Tournament but did not play and hence could not be said to have represented the university in the Tournament. And thus was not eligible for appointment as Inspector as per the advertised condition of eligibility for sportsmen. The Hon'ble Supreme Court negated a pedantic and narrow construction of a condition of eligibility. Similarly in the case of Kusum Lata Vs. State of Haryana [ (2002)6 SCC 343 ] the Hon'ble Apex Court has held that while interpreting an eligibility clause, its spirit and intent should be emphasised. This would entail a broad construction of eligibility condition. Taking cue, from the law enunciated by the Hon'ble Apex Court, in my considered opinion, the educational qualification necessary for eligibility for appointment to a post of Store Sub Inspector cannot be mechanically and narrowly construed to hold that diploma in mechanical engineering would exclude a diploma in mechanical engineering with specialization in Refrigeration and Air Conditioning. As opined by the Department of Technical Education in its letter dated 23-4-2014 in response to RSRTC's query under its letter dated 11-3-2014 a diploma in Mechanical Engineering (Refrigeration and Air Conditioning) was basically one in mechanical engineering and rendered eligible holders thereof to apply to posts requiring diploma in mechanical engineering. As opined by the Department of Technical Education in its letter dated 23-4-2014 in response to RSRTC's query under its letter dated 11-3-2014 a diploma in Mechanical Engineering (Refrigeration and Air Conditioning) was basically one in mechanical engineering and rendered eligible holders thereof to apply to posts requiring diploma in mechanical engineering. RSRTC after having sought the opinion of the technical department in the State of Rajasthan inexplicably jettisoned the said opinion and acted on its ipse dixit without just cause and hence arbitrarily and perversely. In the circumstances, RSRTC's view of the eligibility pertaining to educational qualification is vulnerable to the vice of arbitrariness, violative of Article 14 of the Constitution of India. As held by the Hon'ble Supreme Court in the case of Dr. Basavaiah (supra) expert opinion, unless ex-facie and palpably malafide, ought be given the highest regard even by courts. That being so, RSRTC cannot claim to be on higher pedestal and refuse to abide by such opinion, in fact after having first consciously sought it. The opinion of the Department of Technical Education was categorical that the holder of its various diplomas in mechanical engineering with specific specializations were eligible for posts requiring diploma in mechanical engineering. This court therefore is of the considered view that the petitioner satisfied the requisite educational qualification for appointment to the post of Store Sub Inspector with RSRTC in pursuance of the advertisement dated 24-6-2013. Not only was the cancellation of the petitioner's appointment dated 4-2-2014 on the said post arbitrary, so was the rejection of petitioner's representation there against following this court's direction on 26-8-2014 in SBCWP No.8831/2014. The orders dated 30-5-2014 and 29-1-2015 are therefore set aside. They are so. Consequently the petitioner's letter of appointment dated 4-2-2014 would stand revived. Following the verification of the petitioner's certificate of diploma in Mechanical Engineering (Refrigeration and Air Conditioning) taking it to supply requisite eligibility qua educational qualifications, the petitioner shall be entitled to join service on the post of Store Sub Inspector as also to all consequential benefits, effective when others under the recruitment in issue were appointed, except actual arrears of salary. The writ petition stands allowed accordingly.