Judgment:
Rajendra Saxena, J.
1. The petitioner by means of this writ petition as prayed that the respondents be directed to send him for training of the Inspector, Land Records forth with and after such training to promote him on the post of Inspector, Land Records on and from the date he became entitled as per his seniority and to allow him all consequential benefits.
2. Briefly, the relevant facts are that the petitioner belongs to Scheduled Caste. He was appointed as Patwari in the Land Revenue Department vide order dated 16.12.64 and consequent thereto he joined the said post on 15.1.65. Thereafter, he was put to work on the post of Assistant Office Kanungo vide order dated 18.3.70 and temporarily promoted to the post of Inspector, Land Records, vide order dated 15.6.77. Thereafter, he was reverted back to the post of Patuari by order dated 14.2.80 on the ground that he had not taken the training of the Inspector Land Records. Again vide order dated 7.1.88 (Annexure R. 1), he was promoted to the post of Inspector, Land Records on purely urgent/temporary basis on a clear condition that he will be reverted back on availability of regularly selected Inspector, Land Records by departmental promotion committee without any notice. The petitioner has alleged that despite his numerious representations Ex.1 to Ex.6, he was not sent for the training of I.L.R. though he is senior most Patwari amongst the Scheduled Caste Patwaris and that persons junior to him have been sent for the training. He has further alleged that he had filed an appeal before the Rajasthan Civil Services Appellate Tribunal on 16.4.80 against his reversion order dated 14.2.80 and that though his appeal was dismissed but the said Tribunal had directed the Board of Revenue to select and send him for training as per provisions of Rules 300 and 301 of the Rajasthan Land Revenue (Land Records) Rules, 1957 (hereinafter referred to as 'the Rules, 1957') by its order dated 14.6.82 (Ex. 10). The petitioner has further alleged that despite the clear directions of the Service Appellate Tribunal, he was not selected and sent for training of I.L.R. by respondent No.2 while his juniors have been sent for the said training. Thus, he has been subjected to invidious discrimination of his fundamental rights guaranteed by Articles 14 and 16 of the Constitution of India. Hence, this writ petition.
3. The respondents, in their return, have admitted that the petitioner has been working as a Patwari since 15.1.65 and that he was promoted to the post of Inspector, Land Records on purely urgent/temporary basis vide order dated 15.6.77 till the availability of regularly recruited trained Inspector, Land Records and was reverted back vide order dated 14.2.80 on availability of regularly recruited/promoted Inspector, Land Records. In has also been admitted that the petitioner was again promoted as Inspector, Land Records on purely urgent/temporary basis vide order dated 7.1.88 on the clear condition that he will be reverted back on availability of regularly selected Inspector Land Records by the Departmental Promotion Committee without any notice. It has been specifically maintained by the respondents that the petitioner was considered but was not selected for Inspector Land Records Training on the basis of merit by the Board of Revenue under the Rule 301 of the Rules, 1957 as he was not meritorious enough in the year 1973, 1974 and 1978. Therefore, he was not subjected to any discrimination nor his fundamental rights under Articles 14 and 16 were violated. It has been pointed out that the observations made by the learned Service Tribunal in its order dated 14.6.82 cannot be implemented because the Rules 284 and 300 of the Rules, 1957 have already been substituted by the Rajasthan Land Revenue (Land Records)(Third Amendment) Rules, 1981, wherein it has been made incumbent on the Revenue Board to select Patwaris on the basis of seniority-cum-merit for sending them to the training of I.L.R. It has also been asserted that the petition suffers from the vice of inordinate delay and latches on the part of the petitioner and as such the same deserves to be dismissed.
4. The petitioner has not filed any rejoinder.
5. I have heard learned Counsel for the petitioner and the learned Dy. Government Advocate at length and carefully perused the relevant record.
6. At the very out set, Shri Mridul has submitted that the petitioner has now attained the age of 45 years and as such as per proviso to Rule 301 of Rules, 1957, he is now exempted from the training and that he shall be eligible for appointment as Kanungo or Inspector, Land Records without such training and as such the relief sought by the petitioner has now become infructuous. He has, therefore, urged that this writ petition be disposed of with the direction that the petitioner be considered for promotion as Inspector, Land Records without such training.
7. Shri C.R. Jakhar, learned Dy. Government Advocate has submitted that if the petitioner comes within the consideration zone then he will be considered for promotion for the appointment as Inspector Land Records. He has, however, insisted that since the writ petition has become infructuous, it should be dismissed.
8. I have given my thoughtful consideration to the rival submissions.
9. First of all it may be mentioned here that as per ad interim order dated 4.6.90, it was directed that the petitioner shall not be reverted from the post of I.L.R., if not already reverted. It appears that the petitioner is thus continuing as the I.L.R.
10. Previously as per the Old Rules 284, selection of candidates for the admission to the I.L.R. training were required to be made by promotion to the Patwaris of the Land Records Department on the basis of merit. The respondents in their reply have asserted that the petitioner was considered by the Board of Revenue in the years 1973, 1974 and 1978 for the training in 26th batch, 27th batch and 29th batch respectively but he was not found so meritorious and as such was not selected by the Board of Revenue for training. However, he was promoted to the post of Inspector, Land Records on purely urgent/temporary basis vide order dated 15.6.77 on clear condition that he will be reverted back on availability of regularly' selected Inspector, Land Records. He was reverted back as Patwari on 14.2.80. He was again promoted on purely urgent/temporary basis vide order dated 7.1.88. By the Rajasthan Land Revenue (Land Records)(Third Amendment) Rules, 1981, Rule 281 which deals with selection of candidate for admission to the school for training and Rule 301, dealing with the mode of selection of Patwaris for the training of I.L.R. by the Revenue Board have now been amended and substituted. Now Rule 284 specifically lays down that selection of candidates for admission to the school shall be made by promotion of Patwaris of the Revenue and Land Records Departments on the basis of seniority-cum-merit, for 80% of vacancies and on the basis of a competition examination, which shall be restricted to serving Patwaris of Revenue (Land Records) Department, who fulfill the conditions of eligibility as given in Rule 286 for 20% of the vacancies.
11. Rule 301 requires that for the purpose of selection of candidate by promotion as provided in sub-rule (1) of Rule 284, the Board of Revenue shall prepare a inter-lace seniority list of all the Patwaris of Revenue and Land Records Departments serving in the State irrespective of the cadre to which they belong. Such number of Patwaris shall be considered for the preparation of the inter-lace seniority list as are within the zone of consideration for promotion on the post of Inspector, Land Records. The zone of consideration shall means five times of the number of existing and anticipated vacancies in the cadre of Inspector, Land Records to be filled by promotion in the course of calendar year. On the basis of the Inter lace seniority list, so prepared, the Board shall select persons on the basis of seniority-cum-merit. Preference may be given to candidates with higher proficiency in field survey or with higher educational qualification. Rule 301 further provides that candidates so selected will be admitted to the Kanungo Training School for training. However, the proviso to Rule 301 clearly speaks that the Patwaris, who have attained the age of 45 years, on the first day of January next following the year of selection shall be exempted from the training and shall be eligible for promotion as Kanungo or Inspector, Land Records without such training.
12. As per petitioner's applications for selection of training for the I.L.R. (Ex. 1&2) it has been specifically mentioned that his date of birth as recorded in his service book is 10th May, 1945. Tills fact has not been disputed by the respondents. Thus, the petitioner has now attained the age of 45 years on 10th May, 1990. Therefore; as per proviso to rule 301, he is now exempted from the training and shall be eligible for appointment as Kanungo and Inspector Land Records without such training. Therefore, the relief for sending him to the training has now become injructuous.
13. In view of the newly substituted Rule 301, the petitioner should be considered for promotion as Inspector, Land Records/Kanungo, without such training and if found eligible and suitable then be given promotion in accordance with law.
14. With these observations, this writ petition is accordingly disposed of. No order as to costs.