Rajasthan High Court - Jaipur
Sishpal &Ors; vs State (Animal And Husbsndry Dep)Ors on 17 August, 2016
Author: Ajay Rastogi
Bench: Ajay Rastogi
CW-10125/16
(1)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
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CIVIL WRIT PETITION (CW) No.10125 of 2016
PETITIONERS :-
1. SISHPAL S/O SH. RAJENDRA KUMAR, AGED ABOUT 33
YEARS, R/P V.P.O. MALARAMPURA, TEHSIL-SAGHARIYA,
DISTRICT HANUMANGARH (RAJASTHAN).
2. RAJESH KUMAR S/O SH. BHURCHAND, AGED ABOUT 32
YEARS, R/O VILLAGE-SHRI KRISHNAPURA. VIA GHANURI,
TEHSIL-MALSISAR, DISTRICT-JHUNJHUNU (RAJASTHAN).
3. RAMNIWAS S/O SH. BANEE RAM, AGED ABOUT 36 YEARS,
R/O VILLAGE- RAMPURA, TEHSIL-TARANAGAR, POST-SEOUWA,
DISTRICT CHURU (RAJASTHAN).
4. DAYA RAM SAINI S/O SH. JAGDISH PRASAD SAINI, AGED
ABOUT 30 YEARS, R/O WARD NO.42, AGRASEN CIRCLE, BAGAD
ROAD, TEHSIL-JHUNJHUNU, DISTRICT JHUNJHUNU
(RAJASTHAN).
5. SATVEER S/O SH. BIRBALRAM AGED ABOUT 32 YEARS, R/O
VILLAGE VIJAYPURA, POST-SAKHU FORT, TEHSIL-RAJGARH,
DISTRICT-CHURU (RAJASTHAN).
6. MAHESH CHAND YADAV S/O RAMNIWAS YADAV, AGED ABOUT
29 YEARS, VILLAGE-BHURI BHADAJ, VPO PRAGPURA, TEHSIL-
KOTPUTLI, DISTRICT-JAIPUR (RAJASTHAN).
7. RAJENDRA PRASAD YADAV S/O NAGARMAL YADAV, AGED
ABOUT 34 YEARS, R/O VILLAGE-PRAGPURA, TEHSIL-KOTPUTLI,
DISTRICT-JAIPUR (RAJASTHAN).
8. VED PRAKASH BAKOLIYA S/O AMAR LAL BAKOLIYA, AGED
ABOUT 31 YEARS, R/O VPO- KHELNA, VIA PAOTA, TEHSIL
KOTHPUTLI, JAIPUR (RAJ.).
V E R S U S
RESPONDENTS :-
1. STATE OF RAJASTHAN THROUGH THE PRINCIPAL SECRETARY
TO GOVT., ANIMAL HUSBANDRY DEPARTMENT, RAJASTHAN,
JAIPUR.
2. THE DIRECTOR, DIRECTORATE OF ANIMAL HUSBANDRY
DEPARTMENT, RAJASTHAN, JAIPUR.
3. JANARDAN RAI NAGAR RAJASTHAN VIDYAPEETH UNIVERSITY
(DEEMED UNIVERSITY), AIRPORT ROAD, PRATAPNAGAR,
UDAIPUR (RAJASTHAN).
Date of Order : 17.8.2016
HON'BLE MR.AJAY RASTOGI,J.
HON'BLE MR.JAINENDRA KUMAR RANKA,J.
Mr. HEMANT TAILOR Adv., on behalf of
MR. RAJEEV SURANA ADV., for Petitioner.
MR. SHYAM ARYA ADDITIONAL ADVOCATE GENERAL for State.
CW-10125/16 (2) ORDER
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Instant petition has been filed collectively by the candidates who intend to participate in the process initiated by the respondent pursuant to advertisement no.2/2016 dt.28-6-2016 holding selection for the post of Live Stock Assistant. The post of Live Stock Assistant is included in the Schedule appended to the Rajasthan Animal Husbandry Subordinate Service Rules,1977 ("Rules,1977") & in exercise of power conferred by proviso to Art.309 of the Constitution of India certain amendments have made under the Scheme of Rules,1977 & that being relevant for the present purpose we consider it appropriate to quote ad infra :-
1 2 3 4 5 6 73 Live Stock 25% by Higher Secondary Dresser/ VIII Class The following Assistant/Enumerator/ promotion (old Laboratory passed from posts are Milk Recorder/ and 75% by Scheme)/Senior Attendant a recognized merged into Laboratory Assistant direct Secondary with School with 9 posts recruitment Physics Chemistry months mentioned in and Biology or Training of column-2 of Horticulture Compounder Live Stock (Agriculture) and Inspector/ Animal Husbandry Stockman or Poultry and Biology as one year/two Supervisor/F subjects passed by year training odder Board of of Live Stock Supervisor.
Secondary Assistant
Education alongwith 5
Rajasthan or its years
equivalent experience
examination and on the post
one year/two years mentioned in
Training of column 5
Livestock Assistant
from Departmental
Training Centres or
Institution
recognized by the
Govt. of Rajasthan
From the Scheme of Rules,1977, it manifests that the post of Live Stock Assistant is to be filled 25% by promotion and 75% is to be filled by direct recruitment and apart from minimum educational qualification of Higher Secondary (Old Scheme)/Senior Secondary with Physics, Chemistry and Biology & other subjects, passed by Board of Secondary Education, Rajasthan or its equivalent examination, one has to CW-10125/16 (3) possess one year/two years training of Live Stock Assistant from Departmental Training Centres or Institution recognized by the Government of Rajasthan and in the present case, as alleged, each of the petitioner is holding diploma which they acquired from the University established u/S 3 of the UGC Act,1956 but nothing has been placed on record which could justify that the diploma which each of the petitioner is holding is a training of Live Stock Assistant recognized by the Departmental Training Centres or Institution recognized by the Govt. of Rajasthan, which is a condition of eligibility for a candidate to participate in the process held for selection to the post of Live Stock Assistant under the Scheme of Rules,1977.
The main thrust of submissions of counsel for petitioners is that the diploma which each of the petitioner is holding, obtained from the university established u/S 3 of the UGC Act,1956, its a deemed university recognized by the Government and if the State Government in the instant matter has failed to issue any order of recognition that will not eliminate the present petitioners from participating in the selection process.
Counsel for respondent has brought to our notice that the self same question came up for consideration before a Single Bench of this Court in S.B. Civil Writ Petition No.226/2009 (Lohade Ram Meena & Ors. Vs. State of Raj. & Ors.), decided on 30-3-2012 & the learned Single Judge after examining the question observed in para-29 as under :-
"The JRN University was notified deemed to be university in the year 1987 though initially in a different name which was CW-10125/16 (4) changed on 19.08.2003. It being deemed to be university under Section 3 of the UGC Act of 1956, many courses were started, which are claimed to be within its competence. The perusal of Section 3 of the UGC Act of 1956 shows that an institution for higher education can be declared deemed to be University. Thus, declaration of deemed to be University is for higher education. As per Section 14 of the UGC Act of 1956, the Universities are under obligation to comply with the recommendations of the Commission. Section 22 of the UGC Act of 1956 provides about right to confer degrees and and as the aforesaid provision is material, thus quoted hereunder for ready reference:
"22. Right to confer degrees. - (1) The right of conferring or granting degrees shall be exercised only by a University established or incorporated by or under a Central Act, a Provincial Act or a State Act or an institution deemed to be a University under section 3 or an institution specially empowered by an Act of Parliament to confer or grant degrees.
(2) Save as provided in sub-section (1), no person or authority shall confer, or grant, or hold himself or itself out as entitled to confer or grant, any degree.
(3) For the purposes of this section, "degree' means any such degree as may, with the previous approval of the Central Government, be specified in this behalf by the Commission by notification in the official Gazette."
The Coordinate Division Bench at Principal Seat, Jodhpur has also examined identical question in D.B. Civil Special Appeal (W) No.803/2013 (Narender Singh Bajia Vs. State of Raj. & Ors.), decided on 20-4-2015, CW-10125/16 (5) taking note thereof & after we have heard counsel for the parties as well, we too are of the considered view that in absence of training being recognised, the candidate cannot claim eligibility based on the diploma awarded to the petitioner from deemed university & that in no manner could be considered as a recognised training as required under the Scheme of Rules,1977 which is a condition of eligibility for a candidate to participate in the selection process held for the post of Live Stock Assistant.
Consequently, in our considered view the writ petition is devoid of merit & accordingly dismissed.
(JAINENDRA KUMAR RANKA),J. (AJAY RASTOGI),J.
VS Shekhawat/- Sr.P.A.