Title: Suman vs. State of Rajasthan
Date of Decision: September 20, 2023
Case ID: S.B. Civil Writ Petition No. 14733/2022
Presiding Judge: Hon’ble Mr. Justice Vinit Kumar Mathur
Intro:
S.B. Civil Writ Petition No. 14733/2022 was presented before the High Court of Judicature for Rajasthan at Jodhpur by Suman, a government employee, challenging the rejection of her candidature for the post of Vocational Trainer/Teacher (Tourism & Hospitality) by the respondents. She sought a directive to continue her in the said position and not replace her with another contractual employee.
Facts:
The petitioner, Suman, had been serving as a Vocational Trainer/Teacher (Tourism & Hospitality) in a government school in Rajasthan for five years. She had been appointed based on her qualifications as a Senior Secondary graduate with a BA and B.Ed. However, when the respondents initiated an Open Competitive Bid (OCB) process for this role in May 2022, the educational qualifications for the position were changed. The new qualifications required a Diploma/Degree in Hotel Management from a recognized institute or university, with at least five years of work/teaching experience in Food and Beverage service, including one year in a supervisory role in a classified hotel or facility management company.
Suman’s candidature was subsequently rejected as she did not meet the new educational qualifications. She filed this writ petition challenging the rejection, claiming that she should be granted relaxation in educational qualifications, similar to what had been provided in other trades.
Judgment:
The High Court noted that Suman did not possess the requisite qualifications for the post as per the revised criteria set by the respondents. While Suman sought relaxation in the educational qualification, the Court emphasized that the granting of relaxation is at the discretion of the competent authority and cannot be claimed as a matter of right. The Court cited a relevant decision by the Hon’ble Supreme Court and stated that relaxation “may” be allowed, and it is not obligatory.
Furthermore, the Court found that the change in educational qualifications had been made in accordance with the guidelines issued by PSS Central Institute of Vocational Education (PSSCIVE), Bhopal, and was based on the specific requirements of the trade.
Consequently, the High Court dismissed the writ petition, as it found no merit in Suman’s claim, and upheld the rejection of her candidature for not meeting the requisite educational qualifications for the role of Vocational Trainer/Teacher in Tourism & Hospitality.
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