Rajasthan High Court - Jaipur
Rodi Shankar Meena vs State Rural Devlop An Panchayatiors on 20 September, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 8116/2017
Rodi Shankar Meena S/o Shri Mogiji Meena, B/c Meena St, R/o
Village Kanpur, Post Tokar, Tehsil Sarada, District Udaipur,
Presently Workjing On The Post Of L.d.c. Under The Scheme Of
M-Narega In The Office Of A.e.n. P.w.d. Sub Division Antri,
District Dungarpur.
----Petitioner
Versus
1. The State Of Rajasthan Through Additional Chief
Secretary, Department Of Rural Development And Panc,
Secretariat, Jaipur.
2. The Secretary Cum Commissioner, Rural Development
And Panchayat Raj, Govt. Of Rajasthan, Secretariat,
Jaipur.
3. The Chief Executive Officer, Zila Parishad, Udaipur.
----Respondents
For Petitioner(s) : Mr. Tarun Choudhary for Mr. Hanuman
Choudhary
For Respondent(s) : Mr. Vaibhav Thakuriya for Mr. Ganesh
Parihar, AAG
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
20/09/2019
Considering the short point involved in the present writ
petition, the same is taken up for final hearing at this stage with
the consent of the counsel for the parties.
The petitioner has submitted that despite finding place in the
merit list, considering the documents of the petitioner, the
respondents denied him appointment on the said post of LDC on
the ground that he does not possess RS-CIT Certificate. The case
of the petitioner is that he had Computer Experience/Computer
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(2 of 4) [CW-8116/2017]
Application as one of the subject at the Senior Secondary School
level and even at the graduate level, he has studied Computer
Sciences. In order to show this fact, the petitioner has already
placed on record a copy of the mark-sheet of Second Year
Graduation. Learned counsel for the petitioner, therefore, submits
that in view of the circular issued by the State Government dated
13.06.2018 whereby the Government has treated the aforesaid
qualification of possessing Computer Sciences at Senior Secondary
Level as equivalent to RS-CIT Course, the petitioner shall be
considered for appointment on the post of LDC.
Learned counsel also relies on the judgments passed by the
Coordinate Bench of this Court in the cases of Roopa Ram
Meghwal & Ors. Versus State of Rajasthan & Ors.: SBCWP
No.10050/2018, decided on 25.07.2018 and Jaita Ram Versus
State of Rajasthan & Ors.: SBCWP No.11702/2018, decided on
09.08.2018.
Per contra; learned counsel appearing for the respondents
submits that the selection is of the year 2013 and therefore, at that relevant stage, the petitioner ought to have submitted RS-CIT Certificate.
I have considered the submission and find that while the selection process was started in the year 2013, the document verification is being conducted in 2019 and in the meanwhile, a circular has been issued by the State Government declaring equivalence on 13.06.2018. In view thereof, requirement of RS- CIT Certificate for a candidate, who has Computer Application at the stage of Graduation or at the stage of Senior Secondary School, would not be essential.
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(3 of 4) [CW-8116/2017] Similar view has been taken in the aforesaid two judgments holding candidate to be eligible for appointment on the post of LDC. It is to be noticed that in the aforesaid two judgments passed by the Coordinate Bench, earlier judgment passed in the case of Sandeep Kumar Versus State of Rajasthan & Ors.: SBCWP No.8031/2014, decided on 23.02.2016 by another Coordinate Bench was found to be distinguishable and following order was passed:
"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 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 (Downloaded on 06/06/2021 at 09:25:14 PM) (4 of 4) [CW-8116/2017] 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."
I respectfully follow the aforesaid judgments as admittedly what essential is required for the purpose of providing RS-CIT Certificate is that a candidate must possess knowledge of Computer Sciences. Since the petitioner possesses knowledge of having studied Computer Sciences even upto graduate level, his candidature cannot be denied merely because he does not possess RS-CIT Certificate for document verification.
Accordingly, this writ petition is allowed. The respondents are directed to reconsider the candidature of the petitioner and get his document examined for verification in the light of what has been stated herein above and grant him consideration for appointment on the post of LDC as per his merit. Exercise aforesaid shall be completed within a period of one month from today.
No costs.
(SANJEEV PRAKASH SHARMA),J SUNIL SOLANKI /19/50 (Downloaded on 06/06/2021 at 09:25:14 PM) Powered by TCPDF (www.tcpdf.org)