[2026:RJ-JD:22392-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Special Appeal Writ No. 122/2026 Guru Dayal S/o Shri Shankar Lal Regar, Aged About 30 Years, Resident Of House No. 439, Vpo Itunda, Tehsil Jahazpur District Shahpura Bhilwara (Raj.). ----Appellant Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Technical Education, Government Of Rajasthan, Jaipur. 2. The Director, Skill Employment And Entrepreneurship Department, (Technical Training Education), Government Of Rajasthan, Jaipur. 3. Secretary, Staff Selection Board, Government Of Rajasthan, Jaipur. ----Respondents [ALONG WITH MATTER LISTED AT JAIPUR BENCH] [THROUGH V.C.] D.B. Special Appeal Writ No. 1313/2025 Shankar Lal Saini Son Of Shri Ramkaran Saini, Aged About 31 Years, Resident Of Manya Ka Bas, Sikandra, Tehsil Sikrai, District Dausa (Raj.) ----Appellant Versus 1. State Of Rajasthan, Through Secretary, Skill Planning And Entrepreneurships Department, Government Secretariat, Jaipur. (Raj.) 2. The Director, Directorate General Of Training (Dgt), Government Of India, Employment Exchange Building Pusa Complex, Iari, New Delhi. 110012. 3. The Director, Directorate Of Technical Education, (Training, E-6, Residence Road, Jodhpur (Raj.) 4. The Rajasthan Staff Selection Board, Rajya Krishi Prabandhan Sansthan Parisar, Durgapura, Jaipur Through Secretary. ----Respondents [2026:RJ-JD:22392-DB] (2 of 5) [SAW-122/2026] For Appellants : Mr. G.S. Gautam with Ms. Saakshi Meena and Ms. Arati Bai Meena, through V.C. Mr. Varda Ram Choudhary For Respondents : Mr. Samee Khan, AAAG, through V.C. HON'BLE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA Order 11/05/2026 1. The appellant in D.B. Special Appeal Writ No. 122/2026 assails the order dated 11.11.2025 passed by the learned Single Judge and the appellant in D.B. Special Appeal Writ No. 1313/2025 assails the order dated 03.09.2025 passed by the learned Single Judge, whereby the writ petitions were dismissed. 2. Learned counsel for the appellants submits that the order impugned before the learned Single Judge whereby the appellants have been disqualified for appointment on the post of Junior Instructor (Mechanical Diesel) was erroneous. He further submits that the post of Junior Instructor (Mechanical Diesel) earlier did not require a candidate to possess Heavy Vehicle Driving licence from Transport Department and so far as the appellants are concerned, they already possess Light Motor Vehicle licence and also a learner licence of Heavy Vehicle. The amended rule was introduced on 11.09.2023 and the advertisement was issued in the month of March 2024 and, therefore, the permanent licence of Heavy Vehicle Driving could not have obtained within the said short period. Although the appellants did not possess the regular licence on the day of last date of submission of the application, they possess the Heavy Vehicle licence on the day of examination. [2026:RJ-JD:22392-DB] (3 of 5) [SAW-122/2026] He further submits that the difference between the Light Motor Vehicle licence and Heavy Motor Vehicle licence is only with regard to the weight of the vehicle, as defined under the Motor Vehicles Act and for that purpose the petitioner ought not to be denied participation in the selection process. 3. We have considered the submissions. 4. We find that the issue raised before this Court is no more res integra. The post of Junior Instructor for Trade of Mechanical Motor Vehicle, Mechanical Diesel, Mechanical Tractor, Mechanical Agricultural Machinery and Mechanical Driver cum Mechanic require, as per rules and schedule appended thereto, to possess a licence in Heavy Vehicle Driving from Transport Department. The relevant portion of the said Schedule is quoted hereunder: S.N o. Name of Post Method of recruitment with percentage Minimum qualification and experience for direct recruitment Post from which promo tion is to be made Minimum qualificati on and experienc e for promotion Remarks 1 2 3 4 5 6 7 3. Junior Instruct or (Engine ering Trade and Mainte nance Mechan ic) (L- 10) 100% by direct recruitment out of which (i) 50% reserved for NTC/NAC holders and (ii) 50% reserved for Degree/Dipl oma/Advanc ed 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. [2026:RJ-JD:22392-DB] (4 of 5) [SAW-122/2026] 5. The advertisement specifically mentions about the requirement of possessing a Heavy Duty Vehicle licence and the question raised before us as to whether a candidate who possesses a learner licence would be eligible to compete for the selection has been examined by the Apex Court in the case of Alka Ojha Vs. Rajasthan Public Service Commission and Anr.1. It is apposite to quote the relevant paragraph of the judgment:- “18. A reading of the two definitions brings out stark difference between the two types of licences. `Driving licence' issued by the competent authority under Chapter II authorises a person to drive a motor vehicle or a motor vehicle of any specified class or description otherwise than as a learner and `learner's licence' authorises a person specified therein to drive as a learner a motor vehicle or a motor vehicle of any specified class or description. It is thus evident that a person who is granted `learner's licence' is entitled to drive a motor vehicle or a motor vehicle of any specified class or description only as a learner and he cannot be treated as a person to whom `driving licence' defined under Section 2(10) has been issued. Though, there is some similarity in the language of Section 8 which regulates the grant of `learner's licence' and Section 9 which regulates the grant of `driving licence', the very fact that the legislature has thought it proper to make separate provisions for grant of two types of licences leads to an irresistible conclusion that a person holding `learner's licence' cannot be treated at par with a person having `driving licence' authorised to drive motor cycle, heavy goods vehicles and heavy passengers vehicles. Section 3 of the Act, which is mandatory in character also lays down that a person shall not drive a motor vehicle in any public place unless he holds an effective driving licence. Surely, learner's licence cannot entitle a person to claim that he holds an effective driving licence. Therefore, the mere fact that the petitioners possessed learner's licence on the date of application was not sufficient to make them eligible to compete for selection.” 1 AIR 2011 SC 3547 [2026:RJ-JD:22392-DB] (5 of 5) [SAW-122/2026] 6. Considering the settled law which squarely deals with the issue, no case for interference is made out with the order passed by the learned Single Judge. 7. The appeal is accordingly dismissed. 8. All pending applications also stand disposed of. (CHANDRA SHEKHAR SHARMA),J (SANJEEV PRAKASH SHARMA),ACJ 1,1-JayeshSoni/-