TMI Blog2011 (8) TMI 1100X X X X Extracts X X X X X X X X Extracts X X X X ..... ors in compliance of the direction given by the learned Single Judge of the High Court are entitled to continue in service despite reversal of the order of the learned Single judge by the Division Bench. 3. In response to advertisement dated 1.10.2001 issued by the Rajasthan Public Service Commission (for short, the Commission ), the petitioners applied for appointment as Motor Vehicle Sub-Inspectors. The last date fixed for submission of the application was 19.11.2001. Although as on that date, none of the petitioners possessed driving licence authorising them to drive motor cycle, heavy goods vehicles and heavy passenger vehicles, all of them were provisionally allowed to take part in the written examination and the interview and their names were included in the select list prepared by the Commission. However, after final scrutiny of the papers the Commission cancelled the tentative selection of the petitioners on the ground that as on the last date fixed for submission of the application, they did not possess the required driving licence. 4. The writ petitions filed by the petitioners questioning the cancellation of their selection were allowed by the learned Single Judge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re the date of interview. Thus, in view of the facts and legal position, the eligibility date for educational qualification being provided not only under the rules but also in advertisement, accordingly it has to be taken the date of interview. So far as experience and driving licence are concerned, it is provided under the heading of Qualification for Direct Recruitment , if schedule appended to the Rules is looked into, however, contrary to statutory rules heading given under Para 13 of advertisement is `educational qualification'. In view of aforesaid, firstly it is only the statutory rules and not the condition in the advertisement, will govern the subject because anything contrary to statutory rules cannot be accepted or given effect to which ultimately violates the statutory rules. This is only to clarify the confusion kept in mind by candidates from heading of clause 13 of advertisement. Since schedule provides heading Qualification for Direct Recruitment , which includes driving licence, experience and educational qualification, thus there are 3 different requirements for candidates to become eligible and out of which for educational qualification, a separate cut off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appearing for the petitioners argued that the High Court's interpretation of the qualifications specified in the Schedule appended to the Rules is erroneous and the petitioners were wrongly treated ineligible because on the date of interview they were having all the qualifications including the driving licence. Shri S.P. Sharma further argued that the requirement of having the driving licence cannot be treated as mandatory because the same is not imperative for discharging the duties of Motor Vehicle Sub-Inspector and the candidates who had obtained learner's licence before the last date fixed for submission of the application are entitled to be appointed because such licence authorised them to drive motor cycle etc. Shri Rakesh K. Khanna supported the argument of Shri S.P. Sharma and pointed out as per the definition of `learner's licence', the licensee is authorised to drive a motor vehicle of the specified class or description. Shri Rakesh K. Khanna also produced xerox of the learner's licence of Sanjay Kumar (petitioner in SLP(C) No. 22044/2011) to show that by virtue of that licence, he was entitled to drive heavy goods vehicles. Shri P.P. Rao and other le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by recognized Board; direct and recruitment 3. A Diploma in Automobile Engineering (3 years' course) or a diploma in Mechanical Engineering awarded by the State Board of Technical Examination (3 years' course) OR Any qualification in either of the above disciplines declared equivalent by the Central Government of State Government; and 3. Working experience of at lest one year in a reputed Automobile Workshop which undertakes repairs of both light motor vehicle, heavy goods vehicles and heavy passenger motor vehicles fitted with petrol and diesel engines; and 4. Must hold a driving licence authorising him to drive Motor cycle, heavy goods vehicles and heavy passenger vehicles. Nothing contained in this Notification shall apply to persons whose names were under consideration for appointment to the post of Inspector of Motor Vehicles or Assistant Inspector of Motor Vehicles (by whatever names called by the State Government prior to first day of July, 1989 or to an officer appointed to such post before the first day of July, 1989 or to an officer appointed to discharge functions of a non-technical nature. (emphasis supplied) 12. Paragraph 13 of the advertisement issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CC 669, District Collector and Chairman, Vizianagaram Social Welfare Residential School Society v. M. Tripura Sundari Devi (1990) 3 SCC 655, M.V. Nair (Dr.) v. Union of India (1993) 2 SCC 429, Rekha Chaturvedi v. University of Rajasthan 1993 Supp. (3) SCC 168, U.P. Public Service Commission, U.P., Allahabad v. Alpana (supra) and Ashok Kumar Sharma v. Chander Shekhar (supra) and approved the following proposition laid down by the Punjab and Haryana High Court: ..... that the cut off date by reference to which the eligibility requirement must be satisfied by the candidate seeking a public employment is the date appointed by the relevant service rules and if there be no cut off date appointed by the rules then such date as may be appointed for the purpose in the advertisement calling for applications and that if there be no such date appointed then the eligibility criteria shall be applied by reference to the last date appointed by which the applications have to be received by the competent authority. The same view was reiterated in M.A. Murthy v. State of Karnataka (2003) 7 SCC 517 and Ashok Kumar Sonkar v. Union of India (2007) 4 SCC 54. Therefore, the Full Bench of the High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government. 8. Grant of learner's licence - (1) Any person who is not disqualified under section 4 for driving a motor vehicle and who is not for the time being disqualified for holding or obtaining a driving licence may, subject to the provisions of section 7, apply to the licensing authority having jurisdiction in the area- (i) in which he ordinarily resides or carries on business, or (ii) in which the school or establishment referred to in section 12 from where he intends to receive instruction in driving a motor vehicle is situate, for the issue to him of a learner's licence. (5) No learner's licence shall be issued to any applicant unless he passes to the satisfaction of the licensing authority such test as may be prescribed by the Central Government. (6) When an application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his physical fitness under sub-section (3) and has passed to the satisfaction of the licensing authority the test referred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence: Provided that a licensing authority may issue a driving licence to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if the licensing authority is satisfied that there is good and sufficient reason for the applicant's inability to apply to the appropriate licensing authority: Provided further that the licensing authority shall not issue a new driving licence to the applicant, if he had previously held a driving licence, unless it is satisfied that there is good and sufficient reason for his inability to obtain a duplicate copy of his former licence. 10. Form and contents of licences to drive. - (1) Every learner's licence and driving licence, except a driving licence issued under section 18, shall be in such form and shall contain such information as may be prescribed by the Central Government. (2) A learner's licence or, as the case may be, driving licence shall also be expressed as entitling the holder to drive a motor vehicle of one or more of the following classes, namely:- (a) motor cycle without gear; (b) motor cycle with gear; (c) invalid carriage; (d) light motor vehicle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Single Judge by the Division Bench of the High Court, the petitioners can continue in service. The submission of the learned counsel that this Court should invoke Article 142 of the Constitution and direct the competent authority to allow the petitioners to continue in service because they have already completed more than 5 years' service sounds attractive but lacks merit. In our view, the power under Article 142 cannot be exercised for conferring legitimacy to the appointment of the petitioners, who, as held hereinabove, were not eligible to be considered for selection. The Commission had provisionally allowed the petitioners to take part in the written test and the interview, but their tentative selection was cancelled because at the stage of final scrutiny, it was found that they did not possess one of the prescribed qualifications i.e. driving licence authorising them to drive motor cycle, heavy goods vehicles and heavy passenger vehicles. Notwithstanding this, the competent authority was compelled to appoint the petitioners because while entertaining the special appeals, the Division Bench of the High Court declined to stay the direction given by the learned Single Judg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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