1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR W.P. No.1632 of 2007 (Shri Lalchand Garg .vs. Union of India, New Delhi and Ors.) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : D.D.Sinha and Mrs. Vasanti A. Naik, JJ. DATE : 02.04.2008. Heard Mr. A.S.Kilor, Adv. (appointed) for the Petitioner and Mrs.Dangre, Additional Government Pleader for the Respondent No.2. Present Writ Petition is filed by the petitioner propogating the public cause. Mr.Kilor, Adv. (appointed) for the petitioner states that the grievance of the petitioner in the present Writ Petition is that the persons having no knowledge in Automobile Engineering nor having expertise were appointed on the post of Assistant Inspectors of Motor Vehicles in the Motor Vehicles Department and therefore, the procedure adopted in appointing the Assistant Inspectors by the Department was inconsistent with the provisions of The Motor Vehicles Act as well as the Rules made thereunder. Similarly, for want of technical knowledge and adequate qualification, the object of the provisions of the Act also could not be achieved. Learned counsel, therefore, submitted that the jurisdiction of this Court under Article 226 of the Constitution of India was invoked to issue appropriate direction in this regard to the respondents. 2 Mrs. Dangre, Additional Government Pleader has submitted that, the recruitment rules namely the Joint Transport Commissioner (Class I), in the Motor Vehicles Department (Recruitment) Rules, 1984, particularly Rule 7, sub-rule 3 (b), reads thus : “Rule 7 : “Rules regulating recruitment to the post of Assistant Inspector of Motor Vehicles (Class III), in the Motor Vehicles Department of the Government of Maharashtra, namely - Sub-Rule 3 : Appointment to the post of Assistant Inspector of Motor Vehicles in the Motor Vehicles Department shall be made by nomination on the basis of results of a competitive examination held by the Commission, in accordance with such rules as may be prescribed in that behalf, from amongst candidates who, - (a) .......................... (b) possess a diploma in Automobile or Mechanical Engineering recognized by Government in this behalf.” The remaining part of Rule 7 is not relevant for our purpose and therefore, the same is not incorporated herein. 3 Mrs. Dangre, Additional Government Pleader, therefore, submitted that, after the rules came into force for sometime, the qualification/eligibility criteria mentioned in Rule 7 was not strictly followed, however, in the year 1989, the Central Government issued a notification dt. 12.6.1989 in exercise of powers conferred by sub- section 4 of Section 213 of the Motor Vehicles Act, 1988 whereby minimum qualification has been prescribed for Inspector of Motor Vehicles/Assistant Inspector of Motor Vehicles. Said qualification reads thus : “Qualification : (1) Minimum general educational qualification of pass in X standard, and (2) A diploma in Automobile Engineering ( 3 year course of a diploma in Mechanical Engineering awarded by the State Board of Technical Education (3 years course); and (3) Working experience of at least one year in a reputed automobile workshop which undertakes repairs of both light motor vehicles, heavy goods vehicles and heavy passengers motor vehicles fitted with petrol and diesel engine; and (4) Must hold a driving licence authorising him to 4 drive motor cycle heavy goods vehicles and heavy passenger motor vehicles. It is contended that after the said qualification came into force the appointment of Assistant Inspector of Vehicles was strictly done in view of the said notification and the said practice shall be continued in future. We have considered the rival contentions. It is nodoubt true that the recruitment rules came into force in the year 1984. However, it appears that, in spite of the eligibility criteria prescribed in clause 7 of said rules, the respondents for sometime did not adhere to the eligibility criteria prescribed in rule 7 while making appointment to the post of Assistant Inspector of Motor Vehicles. However, it appears that after the notification dt. 12.6.1989 issued by the Central Government came into force, which also prescribe the qualification for the said post, the same has been followed by the respondents while making appointment on the post of Assistant Inspector of Motor Vehicles. The eligibility criteria mentioned in the notification as well as the 1984 Rules clearly demonstrate that the candidate who has applied for the post of Assistant Inspector of Motor Vehicles must possess diploma in Automobiles awarded by the State Board of Technical Education apart from the other eligibility criteria mentioned in the said notification. Considering the issue in totality, we are of the view that the 5 grievance made by the petitioner in the present Writ Petition appears to be redressed. Hence, present Public Interest Litigation is disposed of accordingly. JUDGE JUDGE ssj