Madhya Pradesh High Court
Deependra Singh Dhakad vs State Of M.P. on 4 May, 2016
1
Writ Petition No.2374/2010
(Deependra Singh Dhakad Vs. State of M.P. and Others)
04/05/2016
Shri Prashant Sharma, learned counsel for the
petitioner.
Smt. Sangeeta Pachori, learned Government
Advocate for the respondents/State.
The petitioner has preferred this writ petition seeking direction to the respondents to allow him for training of Patwari and treat the degree of petitioner i.e. B.Sc in computer science as duly valid certificate. The contention of the petitioner is that petitioner has been duly selected in the examination of Patwari conducted by the State of M.P. through M.P. Professional Examination Board, Bhopal. The petitioner has annexed rules in this regard by way of Annexure P/1.
The grievance of the petitioner is that despite his selection on the post of Patwari, the respondents have not issued the appointment order of the petitioner for the said post. Petitioner claims to be a B.Sc. honours and thus contents that as per the clause 1.8 of the Rules pertaining to selection of Patwari (filed with the petition as Annexure P/1), the person, who has qualified Higher Secondary or High School (10+2) and is in possession of 'O' Level Certification from DOEACC/IETE or diploma from any Institution/University recognized by the UGC or should have higher education in computers is eligible for selection.
The petitioner relying upon his B.Sc. degree 2 Writ Petition No.2374/2010 (Deependra Singh Dhakad Vs. State of M.P. and Others) (Annexure P/3) tried to demonstrate that he has done B.Sc. in computer science, therefore, he comes under the eligibility criteria prescribed under clause 1.8 of the Rules.
On the other hand, learned Government Advocate for the respondents/State contested the said claim and submitted that petitioner is not entitled for any relief for the reason that petitioner has not obtained one year diploma/certificate from any Institution/University recognized by the UGC and the decree of the B.Sc., which he demonstrates to be in computer science does not bear the said because, the said degree is of B.Sc. with basic subjects Mathmatics and Physics alongwith one subject Computer Science, therefore, according to the respondents, the said degree of B.Sc. cannot be construed as Higher Education in the field of computers.
Heard counsel for the parties with consent and with their assistance perused the record.
Annexure P/1 is the rules pertaining to selection of Patwari issued by the M.P. Professional Examination Board, Bhopal, clause 1.8 whereof prescribes the educational qualifications for the candidates, which reads as under:-
1.8 'kS{kf.kd ;ksX;rk :
gk;j lsdM a ªh ;k gkbZLdwy (10+2) mRrh.kZ gksuk vfuok;Z gS lkFk gh 'O' Level certification from DOEACC/IETE ;k UGC ls ekU;rk izkIr fo'ofo|ky;3 Writ Petition No.2374/2010
(Deependra Singh Dhakad Vs. State of M.P. and Others) }kjk lapkfyr iathd`r/ekU;rk izkIr/lEc) laLFkk ls 1 o"ÆÊ; deI;wVj fMIy¨ek (DCA) ;k deI;wVj esa mPp f'k{kk izkIr gksuk pkfg, ! Perusal of clause 1.8 of the Rules reveals that the minimum qualification for Patwari is Higher Secondary or High School (10+2) alongwith 'O' Level Certification from DOEACC/IETE or one year diploma/course in computers should have been undertaken by the candidate from any registered/recognized/affiliated Institution to any University recognized by the UGC. Thus, criteria of one year diploma can only be dispensed with when the person has acquired higher education in computers. Here, in the present case, the petitioner is 10+2 qualified but he does not possess one year diploma/course from any recognized Institution/University. Therefore, petitioner's main ground for standing in the present petition is his higher education in the computers.
Perusal of the B.Sc. degree filed by the petitioner as Annexure P/3 reflects that this is the mark-sheet issued by the University for B.Sc. final year examination. Perusal of the subjects contained in the mark-sheet further reflects that B.Sc. is with subjects; Mathmatics and Physics and Computer Science is only one of the subjects and therefore, it cannot be taken or treated to be B.Sc. in Computer Science. The plea of the petitioner in respect of his qualification as B.Sc. in computer science is not 4 Writ Petition No.2374/2010 (Deependra Singh Dhakad Vs. State of M.P. and Others) substantiated through the document Annexure P/3 filed by the petitioner. The petitioner has not submitted mark-sheets of B.Sc. I year and/or II year so as to conclude about his academic pursuit in computer science. It was the duty of the petitioner to successfully establish this fact, which he could not.
In such premises, it cannot be held that petitioner has done B.Sc. in computer science and therefore, has qualification in computers at higher education level. Thus petitioner does not come under the eligibility criteria as prescribed under clause 1.8 of the Rules (Annexure P/1). The petitioner has filed the syllabus of diploma in computer science as Annexure P/4 collectively but that syllabus does not demonstrates the involvement of petitioner in respect of pursuing B.Sc. in computer science at any stage.
The syllabus of diploma in computer science is not disputed, the only aspect is to be seen is whether the petitioner has done B.Sc. in computer science or not. In that regard petitioner fails to demonstrate his academic pursuit in respect of computer science.
Thus, petition fails and is hereby dismissed.
(Anand Pathak) Judge vc