Rajasthan High Court - Jodhpur
Chhinder Pal vs The State Of Rajasthan ... on 2 May, 2023
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2023/RJJD/012958]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2071/2023
Chhinder Pal S/o Shri Sahab Ram, Aged About 32 Years, R/o
Ward No.11, Kacchi Their, Sri Karanpur, District Sri Ganganagar
(Raj.).
----Petitioner
Versus
1. The State of Rajasthan, through the Secretary,
Department of Rural Development and Panchayati Raj,
Government of Rajasthan, Secretariat, Jaipur.
2. The Chief Executive Officer Zila Parishad, Sri Ganganagar,
District Sri Ganganagar (Raj.).
----Respondents
For Petitioner(s) : Mr. J.S. Bhaleria
For Respondent(s) : Mr. Sunil Beniwal, AAG with
Mr. Kunal Upadhyay
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 02/05/2023
1. The petitioner has preferred this writ petition for the following reliefs:-
"(i) The impugned list dated 17.01.2023 annexure P/4 may kindly be quashed and set aside and the respondents may kindly be directed to provide the appointment to the petitioner as per his total marks as 60.095 in SC category with all consequential benefits.
(ii) That the writ petition filed by the petitioner may kindly be allowed in terms of the circular annexure P/6 and the judgment annexure P/7 by granting the relief to him."
2. The petitioner is seeking recruitment on the post of LDC in pursuance of advertisement of the year 2013. The limited argument made by learned counsel for the petitioner is that the (Downloaded on 03/05/2023 at 10:30:10 PM) [2023/RJJD/012958] (2 of 4) [CW-2071/2023] petitioner's candidature should be considered as having qualified the computer qualification as he was having Degree with one of the subject of Computer Application. Counsel for the petitioner has drawn attention of Court to notification issued by the respondents on 14.3.2016, whereby the necessary qualification has been amended in the rules and regulations "Rajasthan Public Service Commission (Ministerial and Subordinate Services) (....Amendment) Rules and Regulations, 2016, whereby the computer qualification includes Degree/Diploma/Certificate in Computer Science/Computer Application from a University established by the law in India or from an institution recognized by the Government. Counsel for the petitioner has further shown the clarification issued by the respondents on 11.7.2018, which reads as follows:-
"इस सम्बन्ध में तकनीकी शिक्षा विभाग के पत्र दिनां क 23.04.2018 एवं कार्मिक विभाग की अधिसूचना दिनां क 14.03.2016 में as one of the subject का उल्लेख है तथा 'as one of the subject में ऐच्छिक / अनिवार्य / अतिरिक्त सभी विषय आते है । अतः अभ्यर्थी की सीनियर सैकण्डरी की अंकतालिका में यदि कोई भी विषय हो तो उसे मान्य किया जावे।".
Counsel for the petitioner has, thus, made out a case that since he was holding a qualification of Computer Application in his Graduation, therefore, he should be treated to have qualified the requirement of computer qualification in pursuance of the advertisement. Counsel for the petitioner has relied upon the judgment of this Court in Roopa Ram Meghwal & Ors. Vs. State of Rajasthan & Ors. (S.B. Civil Writ petition No.10050/2018, decided on 25.7.2018) whereby while following (Downloaded on 03/05/2023 at 10:30:10 PM) [2023/RJJD/012958] (3 of 4) [CW-2071/2023] Division Bench judgment of this Court in Pinal Singh Ranawat (Miss) Vs. State of Rajasthan & Ors. (D.B. Civil Writ Petition No.2781/2014 decided on 01.8.2016) as well as another Division Bench judgment of this Court (Jaipur Bench) in Shivom Gupta Vs. State of Rajasthan & Anr. (D.B. Civil Special Appeal No.1177/2016, decided on 03.05.2017) it has been held by Hon'ble Division Bench of this court that a person having computer as a subject in Graduation shall be treated as qualified for computer qualification of RSCIT and other lesser diploma and other qualifications. Learned counsel for the petitioner has also referred to judgment of this Court (Jaipur Bench) in Gajendra Singh Vs. State of Rajasthan & Anr. (S.B. Civil Writ Petition No.4043/2018, decided on 29.5.2018). In para-23, the Hon`ble Court has taken note of the Full Commission Resolution of RPSC, in which, higher qualification is taken as a valid qualification.
3. Learned counsel for the respondent strongly refuted the submissions on the ground that the advertisement itself required the petitioner to have a computer qualification, particularly, a Diploma or Computer Operator & Programming Assistant (COPA) or Data Preparation and Computer Software (DPCS), which are computer courses.
4. After hearing learned counsel or the parties and perusing record, this Court is of the opinion that the law laid down by this Court in Roopa Ram Meghwal (supra) while following Pinal Singh Ranawat (supra) and Shivom Gupta (supra) read with judgment of Gajendra Singh (supra) clearly indicate that a person having qualification of Computer Application in graduation shall been titled to be considered as qualified for the computer qualification (Downloaded on 03/05/2023 at 10:30:10 PM) [2023/RJJD/012958] (4 of 4) [CW-2071/2023] or any Diploma or Computer Operator & Programming Assistant (COPA) or Data Preparation and Computer Software (DPCS). This Court also finds that the respondents themselves have included a degree in Computer Science in their notification dated 14.3.2016 issued by the Department of Personnel, which is further clarified by the order dated 11.7.2018, whereby the subject of Computer in degree may be optional, compulsory or additional.
5. In light of the aforesaid, the present writ petition is allowed. The respondents are directed to consider candidature of the petitioner for appointment on the post of LDC in pursuance of advertisement of the year 2013 while treating him to be having a valid qualification of Computer Application obtained in Graduation and provide him appointment on the post of LDC if he is otherwise eligible and meritorious within a period of 60 days from today.
(VINIT KUMAR MATHUR),J 48-Shahenshah/-
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