Rajasthan High Court - Jaipur
Santosh Godara vs State (Panchayati Raj Dep )Ors on 1 October, 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.14828/2013 (Santosh Godara Vs. State of Rajasthan & Ors.) Date of Order : 01st October, 2013 HON'BLE MR. JUSTICE M.N. BHANDARI Mr.Anil Poonia, for the petitioner/s. BY THE COURT:
The petitioner applied for the post of LDC. One of the required qualification for the aforesaid post is of Computer Science/Diploma in Computer Application from a University established in India or an Institution recognized by the Government.
Learned counsel submits that petitioner has obtained aforesaid qualification by obtaining Diploma in Computer Application from Gurukul Technicals Institutes, Delhi vide Annex.3.
The question for my consideration is as to whether it can be taken to be a qualification in satisfaction. It is to be clarified that there are many qualifications provided in para NO.5 of the advertisement, however, reference of qualification of Computer Science/Diploma in Computer Application has been given leaving other qualification. As per the requirement of Rules, qualification of Diploma in Computer Application or Computer Science should be either from the University or from an Institution recognized by the Government. The word Government has been defined under Rajasthan Panchayati Raj Act, 1994 (for short the Act of 1994), which is quoted hereunder:
Definitions.- (1) In this Act, unless the context otherwise requires,-
(i) to (xi)..............
(xii) "Government" or "State Government" means the State Government of Rajasthan The perusal of definition reveals Government means State of Rajasthan or State Government, thus recognition of institution should be from the State of Rajasthan. There is nothing on record to show recognition of the institution by State of Rajasthan and otherwise course has not been undertaken from the University.
In view of above, if petitioner has been rendered ineligible, there is no illegality in the action of the respondents. Accordingly, the writ petition so as the stay application are dismissed.
(M.N. BHANDARI), J.
S/No.93 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.