Rajasthan High Court - Jaipur
Sonu Kumar Singhal vs State Of Raj And Ors (2023/Rjjp/003366) on 27 February, 2023
Bench: Ashok Kumar Gaur, Ashutosh Kumar
[2023/RJJP/003366]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 11835/2017
Sonu Kumar Singhal S/o Shri Ramesh Chandra Singhal, R/o
13/1074, Malviya Nagar, Jaipur.
----Petitioner
Versus
1. State Of Rajasthan Through Its Principal Secretary,
Department Of Law And Legal Affairs, Govt. Secretariat,
Jaipur
2. Rajasthan High Court, Jodhpur Through Registral General
3. The Registrar Exam Rajasthan High Court, Jodhpur
----Respondents
For Petitioner(s) : None present
For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
27/02/2023
The instant writ petition has been filed by the petitioner challenging the communication marked as Annexure-4, whereby candidature of the petitioner has not been considered for the post of Lower Division Clerk on account of not having requisite computer qualification.
The petitioner has also prayed for seeking a direction to permit him to appear in the written examination for appointment on the Post of LDC, which was to be conducted on 23.07.2017.
We have gone through the averments made in the petition and perused the material available on record. (Downloaded on 02/03/2023 at 12:19:34 AM) [2023/RJJP/003366] (2 of 4) [CW-11835/2017] We find that an Advertisement was issued by the High Court on 18.02.2017 (Annex.1), whereby applications were invited for the post of LDC.
The minimum Educational qualification prescribed in the said Advertisement was passing of Senior Secondary Examination or any other equivalent qualification recognized as equivalent thereto, acquired by the candidate or Higher Level certificate course conducted by DOEACC under control of the Department of Electronics, Government of India and other alternative qualifications of Computer were also prescribed.
One of the qualification was that the candidate may possess Rajasthan State Certificate Course in Information Technology (RSCIT) conducted by Vardhman Mahaveer Open University, Kota under the control of Rajasthan Knowledge Corporation Ltd.
The relevant clause prescribed in the Advertisement relating to educational qualification is quoted hereunder:-
"3- U;wure 'kS{kf.kd ;ksX;rk%& A candidate for direct recruitment to the Lower Divisional Clerk must have passed the Senior Secondary Examination of the Rajasthan Board of Secondary Education or any Examination of University or Board recognized as equivalent thereto by the Government, or any higher examination, and must in addition possess a good knowledge of Hindi written in Devnagri script and must have passed:-
"O" or Higher Level Certificate course conducted by DOEACC under control of the Department of Electronics, Government of India;
Or Computer Operator & Programming Assistant (COPA)/Data preparation and Computer Software (DPCS) Certificate organized under National/State Council of Vocational Training Scheme;(Downloaded on 02/03/2023 at 12:19:34 AM)
[2023/RJJP/003366] (3 of 4) [CW-11835/2017] Or Diploma in Computer Science/Computer Applications from a University established by law in India or from an Institution recognized by the Government, Or Diploma in Computer Science & Engineering from a polytechnic institution recognized by the Governement;
Or Rajatshan State Certificate Course in Information Technology (RSCIT) Conducted by Vardhaman Mahaveer Open University, Kota under control of Rajasthan Knowledge Corporation Limited;
Or Senior Secondary school examination with computer science as an optional subject;
Or Any equivalent or higher qualification.
Provided that in suitable cases, the High Court may relax the condition of Computer Application qualification for physically disabled persons, who shall be eligible for recruitment and appointment to the earmarked and reserved posts in accordance with the Rajasthan Disabled Persons Employment Rules, 2000 and orders of the Government issued from time to time in this behalf."
The petitioner has pleaded that he had completed the course of RS-CIT and had also appeared in the written examination held on 18.02.2017.
The petitioner has placed on record a copy of permission letter, which has been issued by the Vardhman Mahaveer Open University, Kota and in the said permission letter, the date of examination is 16.07.2017.
This Court finds that the Advertisement dated 18.02.2017 had clearly provided that a candidate must possess the requisite (Downloaded on 02/03/2023 at 12:19:34 AM) [2023/RJJP/003366] (4 of 4) [CW-11835/2017] educational qualification including the qualification relating to Computer Education.
This Court finds that the Advertisement dated 18.02.2017 was required to be adhered to by all the candidates relating to their educational qualification and since the petitioner, as per his own averments, has appeared in the examination on 16.07.2017, no eligibility could be conferred on the petitioner for the purpose of allowing him to appear in the said examination.
This Court further finds that this petition has been filed in the year 2017 and the matter was not pursued by learned counsel for the petitioner for a considerable time and on account of efflux of time and subsequent examinations being conducted for the post of LDC, the relief sought by the petitioner cannot be granted now.
This Court also finds that on 09.02.2023, when the matter was listed for admission, learned counsel for the petitioner had sought time to seek instructions as whether this writ petition still survives on account of examination being already conducted in the year 2017 or not.
No-one has put in appearance on behalf of the petitioner and as such this Court has to consider the relief sought in the writ petition and the same is required to be decided on merits.
This Court, accordingly finds that the writ petition lacks merit and the same is hereby dismissed.
(ASHUTOSH KUMAR), J (ASHOK KUMAR GAUR), J Monika/1 (Downloaded on 02/03/2023 at 12:19:34 AM) Powered by TCPDF (www.tcpdf.org)