Rajasthan High Court - Jodhpur
Surendra Singh Rathore vs State Of Rajasthan on 2 August, 2019
Bench: S. Ravindra Bhat, Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
D.B. Spl. Appl. Writ No. 89/2019
Surendra Singh Rathore
----Appellant
Versus
State Of Rajasthan
----Respondent
For Appellant(s) : Mr. Harish Kumar Purohit.
For Respondent(s) : Mr. G.R. Punia, Sr. Advocate with
Mr. Rajesh Punia.
HON'BLE THE CHIEF JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 02/08/2019
1. We have heard learned counsel for the parties.
2. The appellant is aggrieved by an order of the learned Single Judge, who upheld the contention of the respondent-RPSC that the degree of B.Tech in Computer is a higher qualification as compared to what is prescribed for the post. In the selection process('O' or higher level Course conducted by DOA under Department of Electronics, Government of India).
3. The learned Single Judge relied upon the ruling in Gajendra Singh vs. State of Rajasthan [S.B. Civil Writ No. 4043/2018, decided on 29th May, 2018].
4. Having heard learned counsel for the parties, this Court is of the opinion that the view taken by the learned Single Judge is in accord with the ruling in Gajendra Singh's case (supra). This Court does not wish to disturb the appointments made but expresses its reservation with respect to stand of the RPSC, which seems to (Downloaded on 30/08/2019 at 12:39:49 AM) (2 of 2) [SAW-89/2019] have prevalence over the issue of equivalence. It is settled and accepted position in law that the question of equivalence is decided by the employer-in the present case, the State of Rajasthan.
5. For the above reasons, the Court is of the opinion that there is no merit in the appeal, which is accordingly dismissed. (VINIT KUMAR MATHUR),J (S. RAVINDRA BHAT),CJ 30-Ashutosh/-
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