NARENDRA CHOUDHARY S/O BANWARI LAL CHOUDHARY v. RAJASTHAN SUBORDINATE AND MINISTERIAL SERVICES SELECTION BOARD
CW/14515/2025 · 2025-09-24
Anand Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42002 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42002 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:39330] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.14515/2025 Narendra Choudhary S/o Banwari Lal Choudhary, Aged About 28 Years, R/o Khara Kuan, Pai Gate, Mala Khera, P.O. Malakhera Dist Alwar (Raj). ----Petitioner Versus
1. Rajasthan Subordinate And Ministerial Services Selection Board, Jaipur through Assistant Director.
2. State Of Rajasthan Through Secretary, Department Of Archaeology, Secretariat, Jaipur. ----Respondents For Petitioner(s) : Mr. Rohit Kumar Gupta Mr. Jitendra Jain HON'BLE MR. JUSTICE ANAND SHARMA
Order 24/09/2025
1. Petitioner has filed the instant writ petition against letter/communication dated 29.08.2025 by the Officer-In-charge of the recruitment, Technical Education Department, Jodhpur, whereby candidature of the petitioner for the post of Junior Instructor (Mechanical Diesel) has been rejected on account of not submitting valid permanent licence issued upto the last date of submitting application form.
2.
Learned counsel for the petitioner submits that the respondent-Rajasthan Staff Selection Board issued an advertisement dated 11.03.2024 for inviting applications from all eligible persons for the post of Junior Instructor from different trades. The petitioner submitted his application, applying against the post of Junior Instructor (Mechanical Diesel). It reveals from clauses of advertisement, in particular those related to Clause-6 of the advertisement, that the candidates were required to possess
[2025:RJ-JP:39330] (2 of 4) [CW-14515/2025] valid permanent licence to apply for heavy motor vehicle till the last date of submitting application.
3.
Learned counsel for the petitioner submits that the petitioner has been working as Junior Instructor Mechanic Motor Vehicle and has also enclosed an experience certificate issued by the Director if Industrial Training Institute, therefore, now at this this stage, after gaining so much experience on the similar post, requiring Heavy Motor Vehicle license from petitioner is totally unreasonable and his candidature cannot be rejected on account of not possessing Heavy Motor Vehicle license.
4.
Learned counsel for the petitioner also emphasised that the eligibility conditions for the post of Junior Instructor should be in consonance with the guidelines given by Director General of Training, Ministry of Skill Development and Entrepreneurship, which do not provide the requirement to possess licence to drive heavy motor vehicles and requirement is merely to possess licence for driving light motor vehicles. 5. I have considered the submissions made by learned counsel for the petitioner and perused the record. 6. It would be relevant to refer to the clauses with regard to eligibility and educational qualifications for the post of Junior Instructor (Engineering Trade and Maintenance Mechanic) which has been given in Clause-6; and Note 1 appended to Clause-6 reads as under:
"1. मैके ननक मोटरयान/मैके ननक डीजल/मैके ननक ट्ेकर/
मैके ननक कृ नष मशीनरी/
मैके ननक ड् ाइवर सह मैके ननक
ट्ेड के नलये,
उनके पास यातायात नवभाग से भारी यान चालन
की अनुजनत होनी चानहए A
उक भारी वाहन चालन साई अनुजा पमाण-
पत (Heavy Driving Licence)
आवेदन की अंनतम
नतनथ तक जारी को ही मान नकया जायेगाA"
[2025:RJ-JP:39330] (3 of 4) [CW-14515/2025]
7. Thus, it is clear that the candidates submitting application for the post of Junior Instructor (Mechanical) were required to possess valid licence for driving heavy motor vehicle till the last date of filling of application form. 8. So far as the submission made by the learned counsel for the petitioner that the conditions of the advertisement relating to possessing licence to drive heavy motor vehicle is against the guidelines of Directorate General of Training and his experience of working on the post for eight years cannot be ignored, it is sufficient to observe that the recruitment in the instant case is being governed by the Rajasthan Technical Training Subordinate Service Rules, 1975 (for short, 'the Rules of 1975'), which prescribes the essential academic and technical qualifications in the Schedule appended to the Rules in the following manner: S. No. Name
of Post Method
of recruitment with percentage Minimum qualification and experience for
direct recruitment Post from which promotion is to be made Minimu m qualificat ion and experien ce
for promotio n Remarks 1 2 3 4 5 6 7
3. Junior Instructor (Engineering Trade and Maintenance Mechanic) (L-10) 100%
by direct recruitment out of which (i)
50% reserved for NTC/NAC holders and (ii)
50% reserved for Degree/Advan ced Diploma holders.
(A) Academic: Secondary with Physics, Chemistry and Mathematics as optional subject under
old scheme from a recognized Board or its equivalent examination. or Secondary under 10+2 scheme from a recognized Board or its equivalent examination. - -
1. For Trade of
Mech. Motor Vehicle/Mech. Diesel/ Mech. Tractor/ Mech. Agriculture Machinery/ Mech. Driver cum Mechanic should posses
a license
in Heavy Vehicle Driving from Transport Department (emphasis supplied)
[2025:RJ-JP:39330] (4 of 4) [CW-14515/2025]
9. Thus, the aforesaid Rules makes it abundantly clear that the Junior Instructor (Engineering Trade and Maintenance Mechanic) is required to possess a licence for driving heavy vehicle from the Transport Department. The aforesaid Rules are not under challenge in the instant writ petition. Thus, it is clear that the respondents are carrying out the recruitment strictly in accordance with the Rules of 1975. 10. In order to acquire eligibility for submitting the application form for the post of Junior Instructor in Diesel Mechanical Trade, the candidate was required to possess the valid licence issued upto last date of submitting application form which was admittedly 11.04.2024. 11. In the aforesaid circumstances, there is no scope for interference under Article 226 of the Constitution of India. Hence, writ petition filed by the petitioner is hereby dismissed. 12. All pending applications, if any, also stand disposed of. (ANAND SHARMA),J DAKSH/33