Rajasthan Cinemas (Regulation) Rules, 1959 – r. 68(2), (2-A) – Advertisement issued inviting applications, inter alia, for one post of Projectionist, stipulating that the candidate must inter alia possess license for operating cinema projector – Appellant and the third respondent were the only candidates – Appellant appointed – Challenged by third respondent mainly on the ground that the appellant did not fulfil the qualifications as he did not possess license for cinema operator – Single Judge dismissed the writ petition – Division Bench quashed the appointment of the appellant – On appeal, held: r.68, sub-r. (2-A) of the 1959 Rules provides that an operator may obtain certificate from the Electrical Inspector, by presenting himself within period of three months from the date of his appointment – Sub-r. (2-A) of r. 68 does not require possession of license on date of appointment – Thus, acquisition within three months of the appointment is permissible – Appellant acquired the license after the date of his appointment – This amounts to a valid compliance with the express provisions of sub-r. (2-A) of r. 68 – After notice in the present proceedings was issued, status quo was directed to be maintained – Pending disposal of the appeal, the interim order was directed to continue – Consequently, the appellant has continued to work in the post of Projectionist since his appointment in Oct.1991 and is in service for the last 28 years – Division Bench in error in setting aside the appointment of the appellant – Judgment of the High Court set aside – Consequently, the writ petition filed by the third respondent stands dismissed.
An advertisement was issued by the Principal and Controller of Dr. S.N. Medical College and Associated Group of Hospitals at Jodhpur, inviting applications, inter alia, for one post of Projectionist. The advertisement stipulated that the candidate must inter alia possess license for operating cinema projector. Appellant and the third respondent were the only candidates. The appellant was appointed on the post of Projectionist. Third respondent challenged the appellant’s appointment, by filing writ petition before the High Court, mainly on the ground that the appellant did not fulfil the qualifications as he did not possess the license for cinema operator. Single Judge dismissed the writ petition. Division Bench reversed the said order and quashed the appointment of the appellant. Hence, the present appeal. Allowing the appeal, the Court
HELD: 1.1 Sub-rule (2-A) of Rule 68, Rajasthan Cinemas (Regulation) Rules, 1959 provides that an operator may obtain a certificate from the Electrical Inspector, by presenting himself within a period of three months from the date of his appointment. Sub-rule (2-A) of Rule 68 does not require possession of a license on date of appointment. Acquisition within three months of the appointment is permissible under sub-rule (2-A). The appellant acquired the license after the date of his appointment. This amounts to a valid compliance with the express provisions of sub-rule (2-A) of Rule 68. [Para 13][1167-G-H; 1168-A]
1.2 Notice was issued in these proceedings on 7 July 2008 and status quo was directed to be maintained. Leave was granted on 8 February 2010 and, pending disposal of the appeal, the interim order was directed to continue. In consequence, the appellant has continued in service since the date of his appointment in October 1991 and is in service for the last 28 years. [Paras 9, 14][1168-B]
1.3 The Division Bench of the High Court was in error in setting aside the appointment of the appellant and interfering with the judgment of the Single Judge. The judgment of the High Court is set aside. In consequence, the writ petition filed |by the third respondent shall stand dismissed. [Paras 15, 16] [1168-B-D]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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