Rajasthan High Court - Jaipur
The Rajasthan Public Service ... vs Lokesh Kumar Gurjar S/O Subhash Chand ... on 1 September, 2021
Bench: Sabina, Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D. B. Civil Special Appeal (Writ) No. 591/2020
In
S. B. Civil Writ Petition No. 27795/2018
The Rajasthan Public Service Commission, Ajmer (Raj.) through
its Secretary, Ajmer (Raaj.).
----Appellant/Respondent
Versus
1. Lokesh Kumar Gurjar S/o Subhash Chand Gurjar, Aged About 29 Years, R/o P.no. 61, Jagdish Colony, Niwaru Road, Jhotwara, Jaipur (Raj.).
Respondent/Petitioner
2. The State of Rajasthan, through Secretary, Department of Personnel, Govt. Secretariat, Jaipur.
3. The Principal Secretary, Administrative Reforms Department (Group-3), Govt. Secretariat, Jaipur.
----Proforma/Respondents For Appellant : Mr. Mirza Faisal Baig Advocate. For Respondent No. : Mr. Vigyan Shah Advocate with Mr 1 Akshit Gupta Advocate, Mr. Harender Neel Advocate & Mr. Yash Joshi Advocate.
For Respondent No. : Mr. Anirudh Singh Raghav Advocate 2&3 with Mr. Ajay Singh Rajawat Advocate on behalf of Mr. S.S. Raghav Additional Advocate General.
HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Judgment 01/09/2021 Appellant-Rajasthan Public Service Commission has filed the appeal challenging order dated 02.07.2020 passed by the learned Single Judge, whereby, writ petition filed by Respondent No. 1 was allowed.
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(2 of 5) [SAW-591/2020] Case of Respondent No. 1, in brief, was that appellant- Commission had issued an Advertisement dated 17.05.2011 for recruitment to the post of Lower Division Clerk (hereinafter referred to as 'LDC'). Respondent No. 1 also applied for the post of LDC in pursuance to Advertisement dated 17.05.2011. Respondent No. 1 was declared selected when the result was declared on 16.03.2016. Thereafter, result was again declared on 01.07.2017 in terms of the decision dated 16.05.2017 given by this Court in Vijay Singh & Others. Vs. State of Rajasthan & Others (S. B. Civil Writ Petition No. 13938/2016). However, Respondent No. 1 was not issued any appointment letter. Respondent No. 1 was verbally informed that his case had not been considered for appointment as he was not having Rajasthan State Certificate Course in Information Technology (hereinafter referred to as 'RS- CIT'). In-fact, Respondent No. 1 was possessing higher qualification as he had taken Computer Science as one of the subject in Senior Secondary Examination. Vide Notification dated 14.03.2016, State had also notified that a person, who has Senior Secondary Certificate from a recognised Board of Secondary Education in the country with Computer Science/Computer Application as one of the subject, was also eligible for the post of LDC.
Learned Single Judge vide impugned judgment dated 02.07.2020 allowed the writ petition filed by Respondent No. 1. Hence, present appeal by the appellant-Commission.
Learned counsel for the appellant has submitted that Respondent No. 1 was not having the requisite qualifications on the date he had submitted the application form or on the date, second phase examination was conducted on 21.07.2013. (Downloaded on 04/09/2021 at 09:14:15 PM)
(3 of 5) [SAW-591/2020] Respondent No. 1 could not take benefit of Notification dated 14.03.2016.
Learned counsel for Respondent No. 1 has opposed the appeal and has submitted that Respondent No. 1 had cleared Senior Secondary Examination in the year 2008 with Computer Science as one of the subject. Hence, Respondent No. 1 was having higher qualification than RS-CIT. The said fact had also been accepted by the State vide notification dated 14.03.2016. Learned counsel has further submitted that as per the advertisement, the selection process was liable to be changed in view of the directions/instructions and latest rules so issued/framed. Learned counsel has further submitted that so far as RS-CIT course is concerned, the same is three months' course and is a basic literacy programme in computers, whereas, Respondent No. 1 had qualification of Senior Secondary with Computer Science as a subject.
Respondent No. 1 in the present case had applied for the post of LDC in pursuance to Advertisement dated 17.05.2011. A perusal of the advertisement (Annexure-1 attached to the writ petition) reveals that in Column No. 2, Note (A) has been given and the said note reads as under:
"uksV%&¼A½ vkj{k.k dh fLFkfr ,oa fu;qDrh izzfØ;k jkT; ljdkj ds funsZ'kksa ,oa uohure fu;eksa ds v/;/khu ifjorZuh; gksxhA** As per the advertisement, a candidate was required to have following educational qualifications:
"A Senior Secondary from a recognised Board or its equivalent examination, And B "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 (Downloaded on 04/09/2021 at 09:14:15 PM) (4 of 5) [SAW-591/2020] (DPCS) certificate organised under National/State Council of Vocational Training Scheme.
Or Diploma in Computer Science/Computer Applications from a University established by law in India or from an institution recognised by the Government.
Or Diploma in Computer Science & Engineering from a polytechnic institution recognised by the Government.
Or Rajasthan State Certificate Course in Information Technology (RS-CIT) conducted by Verdhaman Mahaveer Open University, Kota under control of Rajasthan Knowledge Corporation Limited,"
There is no dispute with regard to the fact that Respondent No. 1 has qualified Senior Secondary Examination- 2008. A perusal of the Certificate (Annexure-6 attached to the writ petition) shows that Respondent No. 1 had taken Computer Science as one of the subject. While prescribing qualifications for appointment to the post of LDC, the requirement is that a candidate should have qualified Senior Secondary Examination and should also have Diploma or Certificate in Computers so that when the candidate is appointed as LDC, he/she can operate the computer.
So far as Respondent No. 1 is concerned, he had already taken Computer Science as a subject while pursuing his Senior Secondary Examination. Hence, it can be said that Respondent No. 1 was having better qualification than a candidate, who was having RS-CIT. Apparently, realising this fact, State also issued a notification on 14.03.2016 and provided that for ministerial service, a candidate should have done Senior Secondary from a recognised Board or its equivalent examination and amongst others, Senior Secondary Certificate from a (Downloaded on 04/09/2021 at 09:14:15 PM) (5 of 5) [SAW-591/2020] recognised Board of Secondary Education in the country with Computer Science/Computer Application as one of the subject.
In this factual background, we are of the opinion that the learned Single Judge rightly allowed the writ petition filed by Respondent No. 1 as he was having the necessary qualification for the post of LDC.
No ground for interference by this Court is made out. Dismissed.
(CHANDRA KUMAR SONGARA),J (SABINA),J MANOJ NARWANI /136 (Downloaded on 04/09/2021 at 09:14:15 PM) Powered by TCPDF (www.tcpdf.org)