[2025:RJ-JP:16564] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1480/2016 1. Neeraj Kumar Shukla S/o Mohan Lal Shukla, Behind Ghabai Ki Haveli, Chatikana, District Karauli Raj.. 2. Naveen Kumar Sharma S/o Prakash Chand Sharma, Near Padhano Ki Masjid, Chatikana, District Karauli Raj.. ----Petitioners Versus 1. The State of Rajasthan, through Secretary, Local Self Government, Governemnt of Rajasthan, Government Secretariat, Jaipur. 2. The Director, Local Self Government, Government of Rajasthan, G-3, Rajmahal Residency Near Area, Civil Lines Phatak, C-Scheme, Jaipur. 3. The State of Rajasthan through its Secretary, Rajasthan Municipal Corporation Admn. & Technical) and (Subordinate and Ministerial) Service Selection Board. ----Respondents For Petitioner(s) : None present For Respondent(s) : None present HON'BLE MR. JUSTICE ANAND SHARMA Order 21/04/2025 1. No one has put in appearance on behalf of either of the parties even in the second round. 2. I perused the file and examined the contents of the writ petition as well as reply. 3. In the instant writ petition, the petitioners have prayed for a direction against the respondents to include qualification of Sanitary Inspector Diploma along with graduation in [2025:RJ-JP:16564] (2 of 3) [CW-1480/2016] advertisement dated 30.12.2015 and to consider the candidature of the petitioner, who has been possessing the aforesaid Diploma. 4. In the notification dated 30.12.2015 whereby applications were invited from eligible persons for different posts. For the Post of Solid Waste Manager (Sanitary Inspector) following qualifications have been provided:- 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. (11) ननयमों मे रहे पावधानानुसार नगर ननयोजन सहायक के पद की शैकनणक योगता ननमानुसार है- 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/Economics/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. (12) ननयमों मे रहे पावधानानुसार वररष पारपकार की शैकनणक योगता ननमानुसार है- Post Graduate Degree in Geography/Economics/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. [2025:RJ-JP:16564] (3 of 3) [CW-1480/2016] 5. As per reply of writ petition filed by the respondents, the qualifications prescribed in the advertisement/notification dated 30.12.2015 are on the basis of Rajasthan Municipality (Subordinate and Ministerial) Service Rules, 1963 (hereinafter referred to as 'Rules of 1963'). 6. The aforesaid Rules of 1963 are not under challenge. Hence, the advertisement issued by the respondents is strictly in consonance with the Rule. This Court finds no illegality in the action of the respondents in not including the qualification of Sanitary Inspector Diploma as eligibility condition for the Post of Solid Waste Manager (Sanitary Inspector). 7. It is settled proposition of law that this Court while exercising powers under Article 226 of the Constitution of India cannot give direction against the Rules and cannot direct the respondents to include a particular qualification which is otherwise not existing under the Rules. 8. Hence, in view of the above, the present writ petition stands dismissed. (ANAND SHARMA),J DIVYA SAINI /203