[2025:RJ-JP:37410] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15710/2016 Sunita Wife Of Shri Brij Lal, aged about 36 years, R/o Village & Post Khyaliwala (II LNP), Tehsil Sriganganagar, District Sriganganagar, Rajasthan. ----Petitioner Versus 1. State of Rajasthan through the Principal Secretary, Local Self-Government, Government Secretariat, Jaipur. 2. The Director, Department of Local Bodies, Swasyatt Shasan Bhawan, G-3, Rajmahal Residency, Near Civil Lines Phatak, Jaipur. 3. Rajasthan Municipalities (Administrative & Technical) and (Subordinate & Ministerial) Service Selection Commission through its Secretary, G-3, Rajmahal Residency, Near Civil Lines Phatak, Jaipur. 4. Bharat Sevak Samaj (National Development Agency, Promoted By Government of India), Shri Om Sai Fire & Safety Management Institute, National Highway No.11, Ludhawai Toll, Sewar, Bharatpur through its Director. ----Respondents For Petitioner(s) : Mr. Akshit Gupta, Advocate For Respondent(s) : Mr. Sharad Joshi, AGC Mr. Mahendra Sharma, Advocate HON'BLE MR. JUSTICE ANAND SHARMA Order 09/09/2025 1. The petitioner participated in the recruitment process initiated by Rajasthan Municipalities (Administrative & Technical) and (Subordinate & Ministerial) Service Selection Commission vide advertisement dated 30.12.2015, whereby common recruitment examination was conducted for different posts. As per the petitioner, she submitted her application form for the post of Assistant Fire Officer and secured more marks than the cut-off marks declared by the respondents, yet she was not selected and appointed on the aforesaid post on the ground of dispute regarding the qualification acquired by her. As per the petitioner, [2025:RJ-JP:37410] (2 of 3) [CW-15710/2016] she possesses the requisite qualification prescribed for the post of Assistant Fire Officer; however, in quite arbitrary manner her candidature was not considered by the respondents in wholly arbitrary manner. 2. Reply to the writ petition was filed on behalf of the respondents, in which it was stated that as per Clause 5 of the advertisement, the educational and technical qualification for the post of Assistant Fire Officer was that the candidate must possess Senior Secondary or its equivalent qualification and must have passed the 'Sub-Officer Course' conducted by the National Fire Service College, Nagpur or any equivalent qualification course conducted by any other Institute recognized by any Central or any State Government. It was submitted that on document verification it was found that the petitioner has acquired diploma in Fire Engineering & Safety Management from Sh. Om Sai Fire & Safety Management Institute, Bharatpur run by Bharat Seva Samaj, yet such 'Diploma in Fire Engineering and Safety Management' is not equivalent to 'Sub-Officer Course' as required for the post of Assistant Fire Officer. 3. It was submitted that the Clauses of advertisement were quite clear and the qualification required were also specified in unambiguous terms yet the petitioner, despite not possessing the required qualification, participated in the process with open eyes, hence, merely her participation in the process would not create any equity in her favour. 4. Heard and considered. 5. It is a settled proposition of law that the employer has every right to lay down the educational and technical qualification [2025:RJ-JP:37410] (3 of 3) [CW-15710/2016] for appointment on a particular post. In the instant case, in addition to educational qualification, the respondents prescribed technical qualification and clarified in the advertisement that the candidates appearing for the post of Assistant Fire Officer must possess the Sub-Officer course conducted by National Fire College, Nagpur, or any equivalent course conducted by any other Institution recognized by Central or any State Government. 6. The petitioner admittedly, does not possess the 'Sub- Officer Course' as prescribed in the advertisement and rather has secured diploma in Fire Engineering and Safety, which as per the respondents is not equivalent qualification as prescribed in the advertisement and the relevant recruitment Rules. 7. It is also settled that while exercising jurisdiction under Article 226 of the Constitution of India, this Court has extremely limited jurisdiction, and so far as determining equivalence of qualification is concerned, that falls in the sole domain of respondent-State and the petitioner has utterly failed to place on record any document to establish that the diploma in Fire Engineering and Safety Management acquired by the petitioner is equivalent to the Sub-Officer course. 8. In view of above, there is no scope of interference under Article 226 of the Constitution of India. Hence, for the foregoing reasons, the writ petition filed by the petitioner fails and, is hereby, dismissed. (ANAND SHARMA),J DAKSH/67