Rajasthan High Court - Jodhpur
Madhu Shrivastava vs State Of Rajasthan (2023:Rj-Jd:39553) on 17 November, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2023:RJ-JD:39553]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14925/2022
Madhu Shrivastava D/o Dinanath Verma, Aged About 45 Years,
Resident Of 6-J-49, Tilak Nagar, Bhilwara (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Rural Development And Panchayati Raj
(Panchayati Raj), Government Of Rajasthan, Jaipur,
Rajasthan.
2. Additional Commissioner, Rural Development And
Panchayati Raj Department, Government Of Rajasthan,
Jaipur.
3. Chief Executive Officer, Zila Parishad Chittorgarh,
Rajasthan.
----Respondents
Connected With
S.B. Civil Writ Petition No. 7368/2013
Madhu Srivastava D/o Dinanath Verma, Aged About 45 Years,
Resident Of Sanganer Road, Pathik Nagar, Shivaji Marg,
Bhilwara, at present residing at 6-J-49, Tilak Nagar, Bhilwara
(Raj.).
----Petitioner
Versus
1. State of Rajasthan through the Secretary to the
Government, Department of Panchayati Raj, Secretariat,
Jaipur.
2. Zila Parishad Bhilwara.
3. Chief Executive Officer, Zila Parishad, Bhilwara.
Chief Executive Officer, Zila Parishad Chittorgarh, Rajasthan.
For Petitioner(s) : Mr. Pawan Singh.
For Respondent(s) : Mr. Piyush Bhandari, for
Mr. Sunil Beniwal, AAG.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 17/11/2023 The present writ petitions have been preferred by the petitioner being aggrieved by the denial of appointment on the (Downloaded on 19/11/2023 at 08:34:33 PM) [2023:RJ-JD:39553] (2 of 3) [CW-14925/2022] post of LDC pursuant to the Advertisement issued in the year 2013.
Submissions have been made that the petitioner is possessing the qualification of Diploma in Computer Science & Engineering from CMC Limited is a Government of India Enterprise, thus, it is very well established that same is recognized by Government of India and fulfills the requirement of it being recognized Polytechnic Institution. It was submitted that the denial of appointment to the petitioner vide rejection order dated 14.06.2013 (Annex.-6) solely on the ground that Computer Certificate submitted by the petitioner is not considered valid for appointment against the advertised post is illegal and arbitrary.
In the reply filed by the respondents, a specific stand has been taken by the respondents that CMC Limited is a Software Company and the same is not a Polytechnic Institution recognized by the Government. Therefore, the petitioner is not possessing the requisite qualification as required under Condition No.5 of the Advertisement. Respondents in their reply have stated that the candidature of the petitioner has rightly been rejected and the writ petition deserves to be dismissed solely on the ground that the petitioner is lacking requisite qualification required for appointment on the advertised post.
Having considered the rival submissions, this Court finds that as per the Advertisement issued by the respondents in order to seek appointment on the advertised post, a candidate is required to possess Diploma in Computer Science & Engineering from a Polytechnic Institution recognized by the Government. (Downloaded on 19/11/2023 at 08:34:33 PM)
[2023:RJ-JD:39553] (3 of 3) [CW-14925/2022] This Court does not find any material available on record indicating that the CMC Limited (A Government of India Enterprise), from where petitioner has obtained Diploma in Software Technology is a Polytechnic institution approved / recognized by the Government. This Court therefore, does not find any error in the decision of the respondents in refusing appointment to the petitioner on the post of LDC advertised in the year 2013 vide Advertisement dated 14.02.2013.
In view of the above, the present writ petitions filed by the petitioner are dismissed.
No order as to costs.
(KULDEEP MATHUR), J 6-7. Prashant/-
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