Rajasthan High Court - Jodhpur
Suresh Kumar vs State Of Rajasthan on 2 November, 2022
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14108/2022
Suresh Kumar S/o Shri Trilok Chand, Aged About 40 Years,
Resident Of Jatiyo Ka Purana Bas, Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary Cum
Commissioner, Rural Development And Panchayati Raj
Department, Govt. Of Rajasthan, Jaipur.
2. The Additional Commissioner Cum Joint Secretary, Rural
Development And Panchayati Raj Department, Govt. Of
Rajasthan, Jaipur.
3. The Zila Parishad Barmer, Through The Chief Executive
Officer.
----Respondents
For Petitioner(s) : Mr. Khet Singh Rajpurohit.
For Respondent(s) : Mr. Kunal Upadhyay for Mr. Sunil
Beniwal, AAG
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 02/11/2022 This writ petition has been filed by the petitioner seeking a direction to treat the qualification acquiring by the petitioner i.e. Engineering Diploma in electronics Engineering from the Board of Technical Education, Rajasthan, Jodhpur, as eligible for appointment on the post of LDC pursuant to the Recruitment- 2013.
Submissions have been made that the Co-ordinate Benches of this Court in Heera Lal Jat v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.11070/2018, decided on 01.08.2018; Roopa Ram Meghwal & Ors. v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.10050/2018, decided on 25.07.2018 and Lalita v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.11981/2018, (Downloaded on 02/11/2022 at 08:43:10 PM) (2 of 3) [CW-14108/2022] decided on 10.08.2018 with regard to the same recruitment, have taken into consideration the fact that the petitioners therein had degree with one of the subject of Computer Education, Computer Education as a part of B.Ed. degree as well as PGDCA in Computer Application and Computer Education in B.Ed. Examination respectively, were eligible in terms of the advertisement for Recruitment-2013 and as the petitioner has studied Computer Fundamentals, Information Technology Fundamentals, Computer Architecture & Organization, Communication System and 'C' Programming during various semesters for his diploma in Electronics Engineering, non-consideration of the petitioner's candidature by indicating that the petitioner has not studied Computer Science / Computer Application is not justified.
Submissions have been made that while Computer Science is a detailed and systematic study of the fundamentals of working on a computer and Computer Applications are the study of the application of computer software, therefore, the term 'Computer Science / Computer Application' which has been used in generic sense and as the petitioner has studied subjects as indicated herein-before, he fulfills the requisite eligibility and therefore, the respondents be directed to consider him as eligible for the post of LDC.
Learned counsel for the respondents made submissions that as the requirement is Computer Science / Computer Application and in none of the semesters in the mark-sheets produced by the petitioner, the petitioner has studied Computer Science / Computer Application, he is not entitled to any relief.
I have considered the submissions made by learned counsel for the parties and have perused the material available on record. (Downloaded on 02/11/2022 at 08:43:10 PM)
(3 of 3) [CW-14108/2022] By various orders passed by this Court in the cases of Heera Lal Jat (supra), Roopa Ram Meghwal (supra) & Lalita (supra), the candidates therein who had studied Computer Education and therein also, there was no mention of Computer Science / Computer Application, which judgments have become final and therefore, the plea raised requiring the petitioner to have specifically studied Computer Science / Computer Application cannot be countenanced.
As submitted by learned counsel for the petitioner, the words 'Computer Science / Computer Application' are of generic nature wherein the Computer Science is a detailed and systematic study of the fundamentals of working on a computer and Computer Applications are the study of the application of computer software and therefore, as the petitioner has studied Computer Fundamentals, Information Technology Fundamentals, Computer Architecture & Organization, Communication System and 'C' Programming, it cannot be said that the petitioner has not studied Computer Science / Computer Application.
In view of the above, the petition filed by the petitioner is allowed. The respondents are directed to treat the petitioner as eligible for the post of LDC in his category, in case vacancy is available as on today in petitioner's category, pursuant to the Recruitment-2013 and in case, he is otherwise eligible and falls in merit, treat him appropriately.
Needful may be done within a period of two weeks.
(ARUN BHANSALI),J 117-Rmathur/-
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