Rajasthan High Court - Jaipur
Mamta Gurjar 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.10840/2013 (Mamta Gurjar 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. Her name was shown in the category of eligible candidates but finally declared ineligible for want of required qualification.
It is stated that petitioner is pursuing B.A. Course and therein Computer Application is one of the subject, thus petitioner should not have been rendered ineligible, moreso when, she is a widow, thus has been granted certain relaxation.
I have considered the submissions made by learned counsel and perused the record.
The Rule 266 of Rajasthan Panchayati Raj Rules, 1996 (for short Rules of 1996) was amended vide Notification dated 17.12.2012. to provide qualification for the post of LDC, which is quoted hereunder for ready reference:
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 does not reveal a candidate pursuing graduation in Bachelor of Arts to be eligible for appointment. The perusal of Annexure 5 does not show computer application to be one of the subject but is Elementary Computer Application. It seems that apart from various subjects of Bachelor of Arts, Elementary Computer Application is also taught, which seems to be to make a student acquaint with the Elementary Computer Application, which cannot be equated with the course for Diploma in Computer Science/Computer Applications. This Court is otherwise not having jurisdiction to equate two different courses and otherwise B.A. with Elementary Computer Application is not one of the qualification given under the Rules, thus prayer made in the writ petition cannot be granted.
Accordingly, the writ petition is found to be devoid of merit, hence, it is dismissed so 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.