Vipin Dewal S/o Shri Raviraj Dewal v. State of Rajasthan
2022-10-17
KULDEEP MATHUR
body2022
DigiLaw.ai
ORDER : 1. 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. 2. 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. 3. 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 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 Another vs. State of Rajasthan and Others (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.
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. 4. 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 all the candidates who have obtained Diploma Certificate up to the date on which result was declared shall be treated eligible. 5. 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. 6. 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. 7.
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. 7. Learned counsel for the petitioners submitted that under clause 5 of the advertisement dated 30.12.2015 issued by the 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. 8. 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 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.
Learned 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, (2007) 4 SCC 54 . 9. Heard learned counsel for parties and perused the material available on record. 10. 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 rduhdh ;ksX;rk%& ¼1½ vf/k'kk"kh vf/kdkjh prqFkZA ¼2½ jktLo vf/kdkjh f}rh;A ¼3½ jktLo fujh{kdA ¼4½ lgk;d jktLo fujh{kd ¼5½ Bksl dpjk Áac/kd ¼lQkbZ fujh{kd½A 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 Áfr;ksxh ijh{kk vk;ksftr dh tkosxh] ftlesa vkosnd vius vkWuykbZu vkosnu i= esa lsok ojh;rk Øe dk mYys[k djsxkA ftu vkosndksa }kjk inksa dh ojh;rk Øe dk mYys[k ugha fd;k tkrk gS rks mudh ÁkFkfedrk foHkkx }kjk r; dh tkosxhA mDr ikapksa inksa gsrq vkosnd dks vkWuykbZu vkosnu i= Hkjus gsrq ,d ckj gh Qhl dk Hkqxrku djuk gksxkA ¼6½ fu;eksa esa jgs Áko/kkuqlkj LokLF; vf/kdkjh ¼lkekU; osrueku½ ds fy, 'kS{kf.kd ;ksX;rk ,eŒchŒchŒ,lŒ ,oa MhŒihŒ,pŒ dh fMxzh gksuk vko';d gSA ¼7½ fu;eksa esa jgs Áko/kkuqlkj lgk;d vfHk;ark ¼flfoy½ ds in ds fy, 'kS{kf.kd ;ksX;rk chŒbZŒ flfoy dh fMxzh gksuk vko';d gSA ¼8½ fu;eksa jgs Áko/kkuqlkj lgk;d vfHk;ark ¼fo/kqr½ ds inksa ds fy, 'kS{kf.kd ;ksX;rk chŒbZŒ fo/kqr dh fMxzh gksuk vko';d gSA ¼9½ fu;eksa jgs Áko/kkuqlkj lgk;d vfHk;ark ¼;kaf=dh½ ds inksa ds fy, 'kS{kf.kd ;ksX;rk chŒbZŒ ;kaf=d dh fMxzh gksuk vko';d gSA ¼10½ fu;eksa esa jgs Áko/kkuqlkj lgk;d vfHk;ark ¼i;kZoj.k ,oa Bksl dpjk Áca/ku½ in dh 'kS{kf.kd ;ksX;rk fuEukuqlkj gS%& 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 Áko/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.
¼11½ fu;eksa esa jgs Áko/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 and 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 Áko/kkuqlkj ofj"B Ák: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 and 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 Years/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 iढ+k tk;s] ijUrq ;g fd ikB~;Øe ds vfUre o"kZ dh ijh{kk] tks lh/kh HkrhZ ds fy, fu;eksa ;k vuqlwph esa ;Fkk mfYyf[kr in ds fy, visf{kr 'kSf{kd vgZrk gS] eSa 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 Li"Vhdj.k%& ;g Li"V fd;k tkrk gS fd mDr lqfo/kk dk ykHk os gh vH;FkhZ ÁkIr dj ldsaxs tks vkWuykbZu vkosnu i= ÁkfIr dh vafre fnukad rd Lukrd ijh{kk ds vafre o"kZ esa Áos'k ys pqds gksxsa ,oa Lukrd mikf/k ijh{kk ds vafre o"kZ dh ijh{kk esa lfEefyr gq;s ;k lfEefyr gksus okys gSA** (Emphasis supplied) 11. Hon’ble the Supreme Court of India in the case of Ashok Kumar Sonkar vs. Union of India, (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.
Hon’ble the Supreme Court of India in the case of Ashok Kumar Sonkar vs. Union of India, (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.” 12. Hon’ble the Supreme Court of India in case of Dr. M.V. Nair vs. Union of India and Others, (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.” 13. 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 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. 14. 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 other conditions stipulated in the advertisement dated 30.12.2015 however remained the same. 14. 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. 15. 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 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. 16. 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. 17. 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. 18. No order as to costs.