[2025:RJ-JP:31562] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11346/2025 Inder Singh S/o Mani Ram, Aged About 43 Years, R/o VPO- Rundh Shahpur, District Alwar, Rajasthan, 301001 ----Petitioner Versus 1. State of Rajasthan, through its Principal Secretary, Department of Technical Education, Govt. of Rajasthan, Govt. Secretariat, Jaipur (Raj). 2. The Director, Department of Skill, Employment And Entrepreneurship, Directorate of Technical Education, W-6, Residency Road, Jodhpur-342011, Rajasthan. 3. Rajasthan Staff Selection Board, Through Chairman, Rajasthan State Institute of Agriculture Management, Durgapura, Jaipur -302018 ----Respondents For Petitioner(s) : Mr. Jaswant Singh Rathor HON'BLE MR. JUSTICE MANEESH SHARMA Order 13/08/2025 1. The present writ petition has been filed under Article 226 of the Constitution of India, as the petitioner, aggrieved by the letter dated 07.07.2025 (Annexure-5) whereby the candidature of the petitioner for the post of Junior Instructor (Mechanical Motor Vehicle) has been rejected on the ground that the petitioner did not possess any heavy driving license. 2. Learned counsel for the petitioner submits that the post of a "Junior Instructor (Mechanical Motor Vehicle)" primarily involves teaching, demonstrating mechanical principles, supervising practical work, and imparting theoretical knowledge related to motor vehicles. It does not necessarily entail regular driving of heavy motor vehicles on public roads. He further submits that the petitioner possesses an "ADPVEH" license. He further submits that looking to the nature of the post, a heavy driving license may not be an essential functional requirement for the core duties of such [2025:RJ-JP:31562] (2 of 3) [CW-11346/2025] an instructional post, particularly for a person with a locomotor disability. He further submits that the qualification prescribed in the advertisement cannot be acquired by the petitioner due to his locomotor disability. 3. Heard and considered the submissions made at the bar and perused the material available on record. 4. As per the conditions of the advertisement dated 11.03.2024 (Annexure-1), it has been specifically made clear that the applicants must possess a heavy driving license on the final date of submission of the application. Admittedly, the petitioner does not have a heavy driving license till the last date of filing of the application form, therefore, it cannot be said that the rejection of the candidature of the petitioner, in the light of the terms and conditions of the advertisement, suffers from perversity or arbitrariness in any way. 5. So far as the submissions raised by learned counsel for the petitioner that possessing a heavy driving license cannot be said to be an essential functional requirement for the core duties of such an instructional post cannot be accepted because it is for the Appointing Authority to decide the requisite qualifications and not for the aspirants. 6. It is not open for the aspirant to submit that a heavy driving license may not be essential functional requirement for the post and the same cannot be accepted in view of the specific eligibility/ terms and conditions of the advertisement which stipulates that for the post of Junior Instructor (Mechanical Motor Vehicle), the candidate must possess heavy driving license. Further, a bare look at the prayer clause of the writ petition reveals that alleged [2025:RJ-JP:31562] (3 of 3) [CW-11346/2025] eligibility or the terms and conditions envisaged in the advertisement has not been challenged. Therefore, the submissions made by the learned counsel for the petitioner cannot be accepted. 7. Accordingly, the present civil writ petition fails and is hereby dismissed. 8. All pending application(s), if any, shall stand disposed of. (MANEESH SHARMA),J DEEPA-47