Rajasthan High Court - Jodhpur
Lalita vs State Of Rajasthan on 10 August, 2018
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 11981/2018
Lalita
----Petitioner
Versus
State of Rajasthan And Ors.
----Respondents
For Petitioner(s) : Mr. Pawan Singh
For Respondent(s) : Mr. Manish Patel, AGC
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 10/08/2018
1. Issue notice. Learned AGC Mr.Manish Patel accepts notice.
2. The petitioner has preferred this writ petition for the following reliefs :-
"A. By an appropriate writ, order or direction, the respondents may kindly be directed to consider the candidature of the petitioner as per her Degree/Diploma in one of the subject which is optional/regularised/additional in pursuance of the Letter Dated 11.07.2018 (Annex-6) with all consequential benefits.
B. By an appropriate writ, order or direction, the respondents may kindly be directed to afford appointment to the petitioner on the post of LDC against the category of S.C. Divorcee Female Category with all consequential benefits in pursuance of Advertisement Year, 2013 (Annexure-2). C. By an appropriate writ, order or direction, the respondents may kindly be directed to consider the B.Ed. Degree/ELEM. Computer Appl. Of the petitioner which is apparent from a University established by law in India or from an institution recognized by the Government, has to be included as a valid educational qualification.
(2 of 8) D. By an appropriate writ, order or direction, the respondents may kindly be directed to declaring the B.Ed. Degree/Diploma/Certificate equivalent to the Computer Science/ Computer Application from a University established by law in India or from an institution recognized by the Government of Rajasthan in pursuance to the Notification dated 14.03.2016 (Annex-5)."
3. The petitioner has participated in recruitment process for the post of LDC in pursuance of advertisement dated 14.2.2013. He was having a valid B.Ed degree in Computer Application. Counsel for the petitioner has shown mark-sheet of B.Ed Examination-2011, which reflects subject of Computer Education. As per learned counsel for the petitioner, appointment should have been given to the petitioner on her own merit in view of 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), which reads as under :-
As per provisions of the Rajasthan Statistical Subordinate Service Rules, 1971 (hereinafter referred to as ' the Rules of 1971'), the Director-cum-officiating Deputy Secretary, Department of Directorate of Economics and Statistics, invited applications from eligible candidates to be considered for appointment to the post of Computer. The petitioner, considering herself eligible to hold the post of Computer, submitted an application in the prescribed proforma as per the notification dated 19.6.2013. Suffice to mention that the petitioner possess Bachelors Degree in Science for the subjects of Computer, Mathematics and Statistics. She is also having a Degree of Masters in Science in the subject of Statistics. The petitioner faced the process of selection and was called for to face interview on 7.10.2013. She was also declared entitled to be called for counselling, however, as per document Annx.8, she was declared disqualified being lacking requisite qualificational eligibility. Being aggrieved by the same she has preferred the instant petition for writ. As per the petitioner, she is having requisite qualification but the respondents rejected her candidature (3 of 8) erroneously. It is submitted that under the Rules of 1971, the educational eligibility prescribed to be considered for appointment to the post of Computer, is that "a Certificate of RS-CIT course conducted by the Rajasthan Knowledge Corporation Limited or any other certificate awarded by a competent authority declared equivalent to the above certificate by the Department of Information, Technology and Communication, Government of Rajasthan". The petitioner is having a qualification higher than the prescribed one, therefore, no reason was available to reject her candidature.
Per contra, as per the respondents, the qualification available with the petitioner is not the qualification prescribed under the Rules, hence, her candidature was rightly rejected by the authority competent.
In rejoinder to the reply, the petitioner has placed on record a letter dated 30.5.2013 issued by the competent authority of the Government of Rajasthan declaring the certificate of RS-CIT equivalent to the qualification of the degree/diploma issued by a university established by law or an institution recognised by the Government of Rajasthan in the subjects of Computer Science/Computer Application/Information Technology. Though a sur-rejoinder was filed on behalf of the State of Rajasthan, but nothing has been said about equivalence given under the letter dated 30.5.2013. The letter aforesaid reads as under:-
Øekad% i- 13¼1½ vk;ks-&1@ewY;ka-@2013 t;iqj] fnukad%& 30-05-2013 lfpo] jktLFkku yksd lsok vk;ksx] vtesj&302005 fo"k;%& lkaf[;dh vf/kdkjh ,o0a ewY;kadu vf/kdkjh dh lh/kh HkrhZ gsrq RS-CIT }kjk iznRr .... izek.k i= ds lerqY; vFkok blls mPprj ikB~;Øeksa dks ekU;rk iznku djus ckcrA egksn;] mijksDr fo"k; esa funsZ'kkuqlkj ys[k gS fd vk;kstuk foHkkx ds vUrxZr lkaf[;dh vf/kdkjh ,oa ewY;kadu vf/kdkjh gsrq tkjh foKkiu la- 1@2012&13 fnukad 05-06-2013 esa vafdr dEI;wVj laca/kh ;ksX;rk RKCL }kjk tkjh RS-CIT izek.k i= ds lerqY; fuEufyf[kr ikB~;Øeksa dks jkT; ljdkj }kjk ekus tkus dk fu.kZ; fd;k x;k gSA 1- bySDVªksfuDl foHkkx] Hkkjr ljdkj ds fu;a=.kk/khu Mhvksb,lhlh (NIELIT) }kjk lapkfyr vks ;k mPprj ysoy iz.kkei= ikB~;ØeA 2- O;kolkf;d izf'k{k.k Ldhe dh jk"Vªh;@jkT; ifj"kn~ ds v/khu vk;ksftr dEI;wVj vkWijsVj ,oa izksxzkfeax lgk;d ¼d-vks-izks-l-½@MkVk izijs'ku vkSj dEI;wVj ¼Mk-iz-d-lks-½ izek.ki=A 3- Hkkjr esa fof/k }kjk LFkkfir fdlh@fo'ofo|ky; ls ;k ljdkj }kjk ekU;rk izkIr fdlh lLa Fkk ls dEI;Vw j foKku@dEI;wVj ,Iyhds'ku@lwpuk izks|kSfxdh esa fMxzh@fMIyksekA 4- ljdkj }kjk ekU;rk izkIr fdlh ikWyhVsdfud lLa Fkk ls dEI;wVj foKku vkSj bySDVªkfuDl@lwpuk izks|kSfxdh esa fMIyksekA d`i;k rn~uqlkj nksuksa inksa dh lh/kh HkrhZ gsrq vko';d dk;Zokgh djus dk Je djsaA Hkonh;
,lMh@& mi 'kklu lfpo (4 of 8) In light of the order dated 30.5.2013, we are of the view that the petitioner is eligible to be considered for appointment to the post of Computer as per the Rules of 1971 being having a degree in Computer Science from a university established by law.
Accordingly, the writ petition is allowed. The petitioner is declared entitled to be considered for appointment to the post of Computer under the Rajasthan Statistical Subordinate Service Rules, 1971. The respondents are directed to consider candidature of the petitioner for the purpose of appointment to the post of Computer as a consequent to the process of selection initiated under the notification/advertisement dated 19.6.2013 and if she is otherwise eligible, appointment be accorded to her with all consequential benefits except the actual payment of salary and other running monetary benefits.
No order to costs."
Counsel for the petitioners have referred to 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), which reads as follows :-
1. The decision of Principal Seat at Jodhpur in D.B. CWP No.2781/2014 decided on 1.8.2016 reads as under:-
As per provisions of the Rajasthan Statistical Subordinate Service Rules, 1971 (hereinafter referred to as 'the Rules of 1971'), the Director-cum-officiating Deputy Secretary, Department of Directorate of Economics and Statistics, invited applications from eligible candidates to be considered for appointment to the post of Computer. The petitioner, considering herself eligible to hold the post of Computer, submitted an application in the prescribed proforma as per the notification dated 19.6.2013. Suffice to mention that the petitioner possess Bachelors Degree in Science for the subjects of Computer, Mathematics and Statistics. She is also having a Degree of Masters in Science in the subject of Statistics. The petitioner faced the process of selection and was called for to face interview on 7.10.2013. She was also declared - 2 - entitled to be called for counselling, however, as per document (5 of 8) Annx.8, she was declared disqualified being lacking requisite qualificational eligibility. Being aggrieved by the same she has preferred the instant petition for writ. As per the petitioner, she is having requisite qualification but the respondents rejected her candidature erroneously. It is submitted that under the Rules of 1971, the educational eligibility prescribed to be considered for appointment to the post of Computer, is that "a Certificate of RS-CIT course conducted by the Rajasthan Knowledge Corporation Limited or any other certificate awarded by a competent authority declared equivalent to the above certificate by the Department of Information, Technology and Communication, Government of Rajasthan". The petitioner is having a qualification higher than the prescribed one, therefore, no reason was available to reject her candidature. Per contra, as per the respondents, the qualification available with the petitioner is not the qualification prescribed under the Rules, hence, her candidature was rightly rejected by the authority competent. In rejoinder to the reply, the petitioner has placed on record a letter dated 30.5.2013 issued by the competent authority of the Government of Rajasthan declaring the certificate of RS-CIT equivalent to the qualification of the degree/diploma issued by a university established by law or an institution recognised by the - 3 -
Government of Rajasthan in the subjects of Computer Science/Computer Application/Information Technology. Though a sur-rejoinder was filed on behalf of the State of Rajasthan, but nothing has been said about equivalence given under the letter dated 30.5.2013. The letter aforesaid reads as under:-
Øekad% i- 13¼1½ vk;ks-&1@ewY;ka-@2013 t;iqj] fnukad%& 30-05-2013 lfpo] jktLFkku yksd lsok vk;ksx] vtesj&302005 fo"k;%& lkaf[;dh vf/kdkjh ,o0a ewY;kadu vf/kdkjh dh lh/kh HkrhZ gsrq RS-CIT }kjk iznRr .... izek.k i= ds lerqY; vFkok blls mPprj ikB~;Øeksa dks ekU;rk iznku djus ckcrA egksn;] mijksDr fo"k; esa funsZ'kkuqlkj ys[k gS fd vk;kstuk foHkkx ds vUrxZr lkaf[;dh vf/kdkjh ,oa ewY;kadu vf/kdkjh gsrq tkjh foKkiu la- 1@2012&13 fnukad 05-06-2013 esa vafdr dEI;wVj laca/kh ;ksX;rk RKCL }kjk tkjh RS-CIT izek.k i= ds lerqY; fuEufyf[kr ikB~;Øeksa dks jkT; ljdkj }kjk ekus tkus dk fu.kZ; fd;k x;k gSA 1- bySDVªksfuDl foHkkx] Hkkjr ljdkj ds fu;a=.kk/khu Mhvksb,lhlh (NIELIT) }kjk lapkfyr vks ;k mPprj ysoy iz.kkei= ikB~;ØeA 2- O;kolkf;d izf'k{k.k Ldhe dh jk"Vªh;@jkT; ifj"kn~ ds v/khu vk;ksftr dEI;wVj vkWijsVj ,oa izksxzkfeax lgk;d ¼d-vks-izks-l-½@MkVk izijs'ku vkSj dEI;wVj ¼Mk-iz-d-lks-½ izek.ki=A 3- Hkkjr esa fof/k }kjk LFkkfir fdlh@fo'ofo|ky; ls ;k ljdkj }kjk ekU;rk izkIr fdlh (6 of 8) lLa Fkk ls dEI;Vw j foKku@dEI;wVj ,Iyhds'ku@lwpuk izks|kSfxdh esa fMxzh@fMIyksekA 4- ljdkj }kjk ekU;rk izkIr fdlh ikWyhVsdfud lLa Fkk ls dEI;wVj foKku vkSj bySDVªkfuDl@lwpuk izks|kSfxdh esa fMIyksekA d`i;k rn~uqlkj nksuksa inksa dh lh/kh HkrhZ gsrq vko';d dk;Zokgh djus dk Je djsaA Hkonh;
,lMh@& mi 'kklu lfpo In light of the order dated 30.5.2013, we are of the view that the petitioner is eligible to be considered for appointment to the post of Computer as per the Rules of 1971 being having a degree in Computer Science from a university established by law. Accordingly, the writ petition is allowed. The petitioner is declared entitled to be considered for appointment to the post of Computer under the Rajasthan Statistical Subordinate Service Rules, 1971. The respondents are directed to consider candidature of the petitioner for the purpose of appointment to the post of Computer as a consequent to the process of selection initiated under the notification/advertisement dated 19.6.2013 and if she is otherwise eligible, appointment be accorded to her with all consequential benefits except the actual payment of salary and other running monetary benefits. No order to costs. (KAILASH CHANDRA
2. In that view of the matter, the decision in appeal no.
2781/2014 will govern the present case. Since SLP against the same has been dismissed.
3. All applications (1720/2017, 24495/2017) and appeal are allowed to the aforesaid extent.
The stay application also stands disposed of."
3. Counsel for the respondents, however, has refuted the same by showing judgment of this Jaipur Bench of this Court in Sandeep Kumar Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.8031/2014 decided on 23.02.2016), relevant portion of which reads as follows :
"It is true that petitioners secured much more marks than cutoff marks of their respective categories but they did not possess requisite qualification for appointment on that post as it was the condition for appointment that a candidate must have possessed requisite qualification. The educational qualification prescribed was Graduation with Mathematics or (7 of 8) Statistics or Geography from recognized University or Degree/Diploma in Computer Science/ Computer application/Information Technology from any University established under the Indian Law or Institution recognized from the State Government. Petitioners were having Graduation degree, in which Computer Application was one of the optional subjects, but they did not possess other additional qualifications mentioned in Column No.5 of the Advertisement and as per the Rules of 1971 and Rules of 2012. They were not having separate duly recognized Certificates/Diplomas/ Degrees in Computer knowledge as per the Rules. The B.A./B.Sc. degrees of petitioners have rightly not been treated equivalent to requisite qualifications of Computer knowledge. Petitioners were not having another compulsory qualification of computer knowledge viz., Certificate/ Diploma/Degree as per the Rules. A coordinate bench of this court at its Principal Seat, Jodhpur, vide order dated 03.07.2014 in S.B. Civil Writ Petition No.1895/2014 - Lalit Kumar Vs. State and Another, which was a similar case, has held that a candidate is required to possess Graduation degree with Mathematics, Statistics or Economics subject along-with qualification of Computer. The petitioners did their Graduation in which Computer was merely one of the optional subjects, therefore, obviously it cannot be said that they are eligible for the post in question. In view of the above, writ petitions fail and same are dismissed. Stay applications, filed therewith, are also dismissed.
4. After hearing learned counsel for the parties and perusing record, this Court is of the opinion that the claim of petitioner on the ground of having Computer Education as a part of his B.Ed degree-2011 is fully valid in light of the aforesaid precedent laws.
5. With these observations, the 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 dated 14.2.2013 while treating her to be having a (8 of 8) valid qualification of Computer Application as obtained in Graduation/ B.Ed and provide them appointment on the post of LDC if she is otherwise eligible and meritorious within a period of 60 days from today. Such consideration shall be subject to availability of vacancies for the post in-question.
(DR. PUSHPENDRA SINGH BHATI)J. S.Phophaliya/-
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