TaxTMI 
TaxTMI 
2011 (8) TMI 1100
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.... of the application was 19.11.2001. Although as on that date, none of the petitioners possessed driving licence authorising them to drive motor cycle, heavy goods vehicles and heavy passenger vehicles, all of them were provisionally allowed to take part in the written examination and the interview and their names were included in the select list prepared by the Commission. However, after final scrutiny of the papers the Commission cancelled the tentative selection of the petitioners on the ground that as on the last date fixed for submission of the application, they did not possess the required driving licence. 4. The writ petitions filed by the petitioners questioning the cancellation of their selection were allowed by the learned Single Judge, who referred to the qualifications specified in paragraph 13 of the advertisement and held that when the requirement of the educational qualifications could be relaxed, there was no justification to deny appointment to the petitioners on the ground that they did not have the required driving licence on the last date fixed for submission of the application. 5. The special appeals filed by the Commission were admitted by the Division Bench ....
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....rules heading given under Para 13 of advertisement is `educational qualification'. In view of aforesaid, firstly it is only the statutory rules and not the condition in the advertisement, will govern the subject because anything contrary to statutory rules cannot be accepted or given effect to which ultimately violates the statutory rules. This is only to clarify the confusion kept in mind by candidates from heading of clause 13 of advertisement. Since schedule provides heading "Qualification for Direct Recruitment", which includes driving licence, experience and educational qualification, thus there are 3 different requirements for candidates to become eligible and out of which for educational qualification, a separate cut off date has been given under the rules as well as in the advertisement whereas rules as well as advertisement are silent regarding cut off date to possess experience and driving licence. As per legal proposition referred above, it can be only the last date of submission of application. Thus, in our view, Division Bench of this Court in case of Rajasthan Public Service Commission and another v. Shri Manish Thakur has rightly settled the issue. It is, however....
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....for discharging the duties of Motor Vehicle Sub-Inspector and the candidates who had obtained learner's licence before the last date fixed for submission of the application are entitled to be appointed because such licence authorised them to drive motor cycle etc. Shri Rakesh K. Khanna supported the argument of Shri S.P. Sharma and pointed out as per the definition of `learner's licence', the licensee is authorised to drive a motor vehicle of the specified class or description. Shri Rakesh K. Khanna also produced xerox of the learner's licence of Sanjay Kumar (petitioner in SLP(C) No. 22044/2011) to show that by virtue of that licence, he was entitled to drive heavy goods vehicles. Shri P.P. Rao and other learned senior counsel then argued that even if this Court is inclined to approve the impugned judgment, the petitioners should be allowed to continue in service because the provisions contained in the Schedule appended to the Rules were vague and only after the judgment of the Full Bench, it became clear that for being treated eligible, the candidate must possess driving licence on the last date fixed for submission of the application. Learned counsel submitted th....
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.... heavy goods vehicles and heavy passenger motor vehicles fitted with petrol and diesel engines; and 4. Must hold a driving licence authorising him to drive Motor cycle, heavy goods vehicles and heavy passenger vehicles. Nothing contained in this Notification shall apply to persons whose names were under consideration for appointment to the post of Inspector of Motor Vehicles or Assistant Inspector of Motor Vehicles (by whatever names called by the State Government prior to first day of July, 1989 or to an officer appointed to such post before the first day of July, 1989 or to an officer appointed to discharge functions of a non-technical nature." (emphasis supplied) 12. Paragraph 13 of the advertisement issued by the Commission, which is also relevant for deciding the issue raised by the petitioners reads thus: "13. Educational Qualification:- (A)(1) Passed Secondary Examination from any recognized Board. (2) Awarded by the State Technical Education Board - Diploma in Automobile Engineering (3 years' course) Or Diploma in Mechanical Engineering (3 years' course) Or Any qualification in either of the above disciplines declared equivalent by the Central Governme....
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....ut off date by reference to which the eligibility requirement must be satisfied by the candidate seeking a public employment is the date appointed by the relevant service rules and if there be no cut off date appointed by the rules then such date as may be appointed for the purpose in the advertisement calling for applications and that if there be no such date appointed then the eligibility criteria shall be applied by reference to the last date appointed by which the applications have to be received by the competent authority." The same view was reiterated in M.A. Murthy v. State of Karnataka (2003) 7 SCC 517 and Ashok Kumar Sonkar v. Union of India (2007) 4 SCC 54. Therefore, the Full Bench of the High Court rightly held that a candidate who does not possess driving licence on the last date fixed for submission of the application is not eligible to be considered for selection. 15. Unfortunately, the learned Single Judge decided the writ petitions without even adverting to Rule 11, the relevant entries of the Schedule and paragraph 13 of the advertisement and issued direction which amounted to amendment of the Rules framed under Article 309 of the Constitution. This was clearly ....
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....) in which he ordinarily resides or carries on business, or (ii) in which the school or establishment referred to in section 12 from where he intends to receive instruction in driving a motor vehicle is situate, for the issue to him of a learner's licence. (5) No learner's licence shall be issued to any applicant unless he passes to the satisfaction of the licensing authority such test as may be prescribed by the Central Government. (6) When an application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his physical fitness under sub-section (3) and has passed to the satisfaction of the licensing authority the test referred to in sub-section (5), the licensing authority shall, subject to the provisions of section 7, issue the applicant a learner's licence unless the applicant is disqualified under section 4 for driving a motor vehicle or is for the time being disqualified for holding or obtaining a licence to drive a motor vehicle: Provided that a licensing authority may issue a learner's licence to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing auth....
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.... satisfied that there is good and sufficient reason for his inability to obtain a duplicate copy of his former licence. 10. Form and contents of licences to drive. - (1) Every learner's licence and driving licence, except a driving licence issued under section 18, shall be in such form and shall contain such information as may be prescribed by the Central Government. (2) A learner's licence or, as the case may be, driving licence shall also be expressed as entitling the holder to drive a motor vehicle of one or more of the following classes, namely:- (a) motor cycle without gear; (b) motor cycle with gear; (c) invalid carriage; (d) light motor vehicle; (e) transport vehicle; (i) road-roller; (j) motor vehicle of a specified description." 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 a....
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.... not eligible to be considered for selection. The Commission had provisionally allowed the petitioners to take part in the written test and the interview, but their tentative selection was cancelled because at the stage of final scrutiny, it was found that they did not possess one of the prescribed qualifications i.e. driving licence authorising them to drive motor cycle, heavy goods vehicles and heavy passenger vehicles. Notwithstanding this, the competent authority was compelled to appoint the petitioners because while entertaining the special appeals, the Division Bench of the High Court declined to stay the direction given by the learned Single Judge. If the course suggested by the learned counsel for the petitioners is adopted, then every illegal appointment will get regularized by judicial fiat and those who are eligible and more meritorious will be deprived of their constitutional right to be fairly considered for selection and appointment against the advertised posts. The judgments of this Court in Dr. M.S. Mudhol v. S.D. Halegkar (1993) 3 SCC 591, Rekha Chaturvedi v. University of Rajasthan (supra), Bhupinderpal Singh v. State of Punjab (supra) and other similar judgments ....