Rajasthan High Court - Jaipur
Archana Bhardwaj Daughter Of Raghuvir ... vs The Rajasthan Staff Selection Board, ... on 23 February, 2023
Author: Sudesh Bansal
Bench: Sudesh Bansal
[2023/RJJP/003272]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3275/2023
Archana Bhardwaj Daughter Of Raghuvir Sahay Bhardwaj Wife
Of Ashok Shashtri, Aged About 50 Years, Resident Of Gayatri
Colony, Ward No. 12, Behind Tehsil, Katra Nadbai, District
Bharatpur (Rajasthan).
----Petitioner
Versus
1. The Rajasthan Staff Selection Board, Through
President/secretary, Rajasthan Agriculture Management
Institute Premises, Durgapura, Jaipur (Rajasthan).
2. The State Of Rajasthan Through Its Secretary,
Department Of Women And Child Development, State
Secretariat, Rajasthan, Jaipur.
----Respondents
For Petitioner(s) : Ms. Archana Bhardwaj, In Person For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL Order 23/02/2023
1. Petitioner is present in person and prayed to hear the instant writ petition on merits.
2. By way of instant writ petition, petitioner is seeking direction against respondents to give relaxation to petitioner regarding the condition of 10 years' experience for appointment on the post of Supervisor (Women) (aanganwadi worker quota).
3. It appears that petitioner filled online application form for the post of Supervisor (Women) (aanganwadi worker quota) pursuant to the advertisement dated 01.10.2018. In the advertisement so also in the Women and Child Development (State & Sub-Ordinate) (Downloaded on 28/02/2023 at 11:48:42 PM) [2023/RJJP/003272] (2 of 4) [CW-3275/2023] Service Rules, 1998 as amended, the eligibility and educational qualifications, required for the post in question are as under:-
"पात्रता एवएवं शक्ष्षणक्षणिक क यिक योयोगक यता-
(i) Graduate of a University established by law in india, with 10 Years Experiance as Anganwadi worker in ICDS AND
(ii) Having one of the following or higher qualification in Computer Education:-
"O" or Higher Level certificate course conducted by DOEACC under control of the Department of Electronics, Government of India.
OR Certificate course on computer concept by NIELIT, New Delhi.
OR Computer operator & Programming Assistant (COPA)/Data Preparation and computer software (DPCS) certificate organized under National/ State council or Vocational Training Scheme.
OR Degree/ Diploma/Certificate in Computer Science / Computer application from a university established by law in India or from an institution recognized by the Government.
OR Senior Secondary Certificate from a recognized Board of Secondary Education in the Country, with the computer Science/ Computer Application as one of the subjects.
OR Diploma in computer Science & Engineering from a polytechnic institution recognized by the Government.
OR Rajasthan State Certificate Course in Information Technology (RSCIT) conducted by Vardhman Mahaveer Open University. Kota under control of Rajasthan Knowledge Corporation Limited.
Provided that in case any Anganwadi worker is not having any of the above qualification in computer education, she has to qualify the same and shall have to submit the required certificate within a period of one year from date of recruitment, failing which the recruitment to the post of supervisor shall be deemed to be null & void.
(iii) देवनागरी ्षणिपी मे ्षणिखी ्षणहिनदी मे काक यक करने का ा जान एवएवं राज राजसंान कस संएवं राजसकृ्षणत का ा जान ।"
(Downloaded on 28/02/2023 at 11:48:42 PM)[2023/RJJP/003272] (3 of 4) [CW-3275/2023]
4. It is not in dispute that the petitioner does not possess the experience of 10 years as aanganwadi worker in ICDS, and therefore, she was not eligible to apply for the post. Yet petitioner submits her application form online. When the petitioner has not been selected, then the petitioner has filed instant writ petition on 14.02.2023, stating inter alia that in the written examination, she has secured higher marks than the last cut off marks, and further seats are lying vacant as much as she has completed the condition of acquiring experience of 10 years, on 14 th May 2020, therefore, after extending relaxation regarding the condition of 10 years' experience, her candidature may be considered on merits and she may be given appointment
5. According to the prescribed qualification, possessing 10 years' experience as aanganbadi worker in ICDS is one of the essential eligibility along with other requisite academic qualifications for the post in question. Petitioner is unable to show any Rule of law or provision whereunder she is entitled to claim relaxation, in respect of being eligible to apply and consider even if does not possess the requisite experience. Therefore prayer of petitioner for seeking exemption in the period of 10 years' experience is not acceptable.
6. In addition of above, petitioner participated in the selection process, pursuant to the advertisement dated 01.10.2018 and has accepted terms and conditions of the advertisement inter alia the condition of having 10 years' experience as aanganbadi worker. It is not that case where petitioners challenged the eligibility of 10 years by way of seeking exemption/relaxation in the term of (Downloaded on 28/02/2023 at 11:48:42 PM) [2023/RJJP/003272] (4 of 4) [CW-3275/2023] experience before participation in the selection process, rather the instant writ petition has been filed by the petitioner, after participation in the selection process and now seeking exemption/relaxation in the prescribed eligibility of 10 years experience as Aanganbadi Worker in ICDS, which is virtually tantamounts to challenging the condition of advertisement itself which is impermissible in law at this stage.
7. As a result, the instant writ petition is devoid of merit and the same is hereby dismissed.
8. Stay application and other pending application(s), if any, stand disposed of.
(SUDESH BANSAL),J SACHIN/13 (Downloaded on 28/02/2023 at 11:48:42 PM) Powered by TCPDF (www.tcpdf.org)