Rajasthan High Court - Jaipur
Shaitan Singh vs State (Panchayati Raj Dep )Anr on 3 July, 2013
Author: M.N. Bhandari
Bench: M.N. Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. CIVIL WRIT PETITION NO.10841/2013 (Shaitan Singh Vs. State of Rajasthan & Anr.) Date of Order : 03rd July, 2013 HON'BLE MR. JUSTICE M.N. BHANDARI Mr.Ashish Saksena, for the petitioner/s. BY THE COURT:
The petitioner applied for the post of LDC pursuant to advertisement issued by the respondents. He has been held ineligible for want of required qualification.
Learned counsel for the petitioner submits that qualification of Diploma in Computer Application was obtained from an institution named Vedanta Foundation. The said institution is working in association with department of Government of India, hence, qualification obtained and granted by the said institution should have been recognized towards eligibility. The petitioner is, however, rendered ineligible in ignorance of the aforesaid.
I have considered the submissions made by learned counsel and find that Rule 266 of Rajasthan Panchayati Raj Rules, 1996 (for short Rules of 1996) was amended vide Notification dated 17.12.2012. now the qualification for the post of LDC is provided as under:
Amendment of rule 266. The existing clause (1) and entries thereto of rule 266 of the said rules shall be substituted by the following, namely:-
(1) L.D.C. (95% by direct recruitment and 05% by promotion) A. For direct recruitment,-
(i) Senior Secondary from a recognized board or its equivalent examination, and 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 (DPCS) certificate organized 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 recognized by the Government.
Or Diploma in Computer Science and Engineering from a polytechnic institution recognized by the Government.
Or Certificate Course in Information Technology (RSCIT) conducted by Vardhman Mahaveer Open University, Kota under control of Rajasthan Knowledge Corporation Limited.
B. For promotion, Secondary from a recognized board, and five year experience on the post of Class IV.
The perusal of amended rule shows that one should be in possession of various qualification mentioned therein and one of the qualification is Diploma in Computer Science /Computer Applications from a University established by law in India or from an institution recognized by the Government. There is nothing on record to show that Vedanta Foundation is an University established by law in India or an institution recognized by the Government. Mere working in association with Government Department does not mean a recognition of institution to provide qualification or to grant degrees. In view of the above, the petitioner is not in possession of required qualification provided under the Rules, hence, rightly rendered ineligible.
Accordingly, I do not find any illegality in the action of the respondents, hence, the writ petition is dismissed so as the stay application.
(M.N. BHANDARI), J.
S/No.92 Preety, Jr.P.A. All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Preety Asopa Jr.P.A.