Rajasthan High Court - Jaipur
Lokesh Kumar Gurjar S/O Subhash Chand ... vs The State Of Rajasthan on 2 July, 2020
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.27795/2018
Lokesh Kumar Gurjar S/o Subhash Chand Gurjar, Aged About 29
Years, R/o P.no. 61, Jagdish Colony, Niwaru Road, Jhotwara,
Jaipur (Raj.)
----Petitioner
Versus
1. The State Of Rajasthan, Through Secretary, Department
Of Personnel, Govt. Secretariat, Jaipur.
2. The Principal Secretary, Administration Reform
Department (Group-3), Govt. Secretariat, Jaipur.
3. The Rajasthan Public Service Commission, Ajmer (Raj.)
Through Its Secretary, Ajmer (Raj.)
----Respondents
For Petitioner(s) : Mr. Vigyan Shah
For Respondent(s) : Mr. M.F. Baig
Mr. Bhagwat Singh Choudhary, Dy. GC
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
02/07/2020
The petitioner's candidature for appointment on the post of LDC was rejected and communicated vide order dated 26 th February, 2014 on the ground that he did not have RS-CIT Certificate to his credit. The rejection order was not challenged by the petitioner and the petitioner contends that the letter was never received to him.
Learned counsel for the petitioner submits that in terms of the order passed in the case of Vijay Singh & Others Versus State of Rajasthan & Others SBCWP No.13938/2016 and connected petitions decided on 16th May, 2017, those candidates who had (Downloaded on 03/07/2020 at 09:22:40 PM) (2 of 4) [CW-27795/2018] acquired the qualification of RS-CIT upto the date of appearing in the examination would be eligible. However, it is a case of the petitioner that he has not required the RS-CIT qualification but he had computer science as a subject in senior secondary and was therefore required to be considered as eligible for the purpose of consideration for appointment on the post of LDC. Learned counsel relies on the notification issued on 14 th March, 2016, which provides for the candidate to be eligible for consideration, if he has computer science as a subject at the senior secondary level. Learned counsel submits that the petitioner's candidature has therefore wrongly been rejected and further he submits that he ought to be considered for appointment as LDC as he is much higher in the merit than those who have been given appointment. Learned counsel submits that LDC selections which were conducted through the RPSC Combined Competitive Examination 2011 have been continued after the revised result was declared in 2017.
Per contra, learned counsel appearing for the RPSC submits that the ratio of the judgment passed in the case of Vijay Singh (supra), which declared similarly situated persons as eligible for appointment would not apply to the facts of the present case as the notification which was issued amending qualification was in 2016 while the selection process relates to the year 2011. Learned counsel further submits that selection process was completed as the result was declared in 2017 and the appointments have also been given to the selected candidates.
However, learned counsel for the petitioner submits that there is no delay on their part as the appointments are still being (Downloaded on 03/07/2020 at 09:22:40 PM) (3 of 4) [CW-27795/2018] continued and candidates have been allowed to join also on the post of LDC under the selection process of 2011.
I have considered the submissions as above and on perusal of the documents available on record, find that the qualification of RS-CIT is a qualification for the purpose of acquiring knowledge in computer science and the petitioner had come before this Court stating that he has passed the computer science as one of the subject at the senior secondary level. He has complete knowledge in the subject of computer science and is not required to do RS- CIT. It is also seen that the State Government itself has recognized this aspect and treated the candidates who have done the senior secondary with computer science as sufficient for the purpose of appointment and are not required to additionally pass the Diploma in RS-CIT. The petitioner is otherwise found to be higher in the merit and merely because he did not have the RS- CIT Certificate, in the opinion of this Court, he should not be deprived of his valuable rights for consideration of appointment on the post of LDC more so when the State Government itself has recognized the said qualification to be equivalent to that of RS- CIT.
This Court in the case of Vijay Singh (supra) decided on 16 th May, 2017, held that the qualification can be acquired upto the date when the result is declared i.e. 1st July, 2017. The amendment in qualification was issued on 14 th March, 2016, thus as on 1st July, 2017, the petitioner will be treated to be having the requisite qualification as he has computer science as one of the subject at the senior secondary level.
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(4 of 4) [CW-27795/2018] In the case of Vijay Singh (supra), the Court was examining whether a candidature, who has acquired RS-CIT Certificate upto the cut off date i.e. 2013 can alone be considered as eligible for appearing in type test. This Court held that all those candidates who have acquired the qualification upto the date of declaration of the result i.e. 1st July, 2017 would be treated as eligible for appearing in type test. Admittedly, the petitioner though had not cleared RS-CIT but had acquired the eligibility qualification in terms of the amendment made in the rules became effective from 2016. Thus, he became eligible for appearing in type test. He has also appeared in the type test and cleared the same. In view thereof, now he has to be treated as having the eligibility for appointment.
In view thereof, this writ petition deserves to be allowed and is accordingly allowed. The cancellation of the petitioner's candidature vide letter dated 26th February, 2014, is quashed and set aside. The petitioner's candidature shall be considered according to his merit and he will be treated as eligible for the purpose of appointment on the post of LDC. The respondent-State shall accordingly pass necessary orders for consideration for appointment of the petitioner if he is otherwise found eligible and in accordance with his merit. The exercise shall be undertaken within 15 days of receipt of certified copy of this order.
No costs.
(SANJEEV PRAKASH SHARMA),J Karan Bhutani /67 (Downloaded on 03/07/2020 at 09:22:40 PM) Powered by TCPDF (www.tcpdf.org)