1 S.B. CIVIL WRIT PETITION NO.6830/2008 Pradeep Patwa & Anr. Vs. Union of India & Ors. DATE OF ORDER :: 10-09-2008 HON'BLE MR. GOPAL KRISHAN VYAS,J. Dr. P.S. Bhati, for the petitioners. Heard learned counsel for the petitioners. The petitioners are challenging the qualification laid down by the respondent no.3 for engaging tourist guide by which, qualification of graduation has been prescribed along with the qualification of language. The contention of the petitioners that they are possessing all other qualifications of language except qualification of graduation, therefore the denial of consideration for engagement as Tourist Guide in pursuance of Annexure-4 in which qualification of graduation has been incorporated, is illegal. Learned counsel for the petitioners submits that the condition with regard to possessing qualification of graduation is arbitrary and illegal because petitioners are working as Tourist Guides 2 since long and possessing other qualifications which are prescribed for Tourist Guide, except graduation, therefore they may be permitted to appear in the examination and in the event of passing such examination, there suitably can be adjudged by the respondents. According to the petitioners, the qualification of graduation prescribed by the respondent no.3 in violative of Article 14 of the Constitution of India, as such the said qualification may be set aside and respondents may be directed to allow petitioners to appear in the examination while treating them eligible on the basis of their qualification of senior higher secondary and language for the engagement as Tourist Guide. I have considered the submissions of learned counsel for the petitioner. Obviously, the respondent No.3 is going to engage the Tourist Guides and being authority have all rights to prescribe qualification. This Court cannot legislate any law as the legislative function left with the respondent State. As per the petitioners, respondent no.3 is an instrumentality of the State therefore, if any qualification prescribed by the respondents, that cannot be questioned by those persons who are working as guide by saying that there is 3 experience in their credit. In my opinion, qualification of graduation is necessary because the foreigners coming from outside the country and they are required to be explained each and every thing by a person who is having academic qualification. Therefore, it is deemed just and proper by the respondents to prescribe the qualification of graduation in which there is no illegality. Hence, this petition is dismissed. [GOPAL KRISHAN VYAS],J. Praveen