Indian Kanoon - Search engine for Indian Law

The petitioner relying upon his B.Sc. degree (Deependra Singh Dhakad Vs. State of M.P. and Others) (Annexure P/3) tried to demonstrate that he has done B.Sc. in computer science, therefore, he comes under the eligibility criteria prescribed under clause 1.8 of the Rules.

On the other hand, learned Government Advocate for the respondents/State contested the said claim and submitted that petitioner is not entitled for any relief for the reason that petitioner has not obtained one year diploma/certificate from any Institution/University recognized by the UGC and the decree of the B.Sc., which he demonstrates to be in computer science does not bear the said because, the said degree is of B.Sc. with basic subjects Mathmatics and Physics alongwith one subject Computer Science, therefore, according to the respondents, the said degree of B.Sc. cannot be construed as Higher Education in the field of computers.

Perusal of the B.Sc. degree filed by the petitioner as Annexure P/3 reflects that this is the mark-sheet issued by the University for B.Sc. final year examination. Perusal of the subjects contained in the mark-sheet further reflects that B.Sc. is with subjects; Mathmatics and Physics and Computer Science is only one of the subjects and therefore, it cannot be taken or treated to be B.Sc. in Computer Science. The plea of the petitioner in respect of his qualification as B.Sc. in computer science is not (Deependra Singh Dhakad Vs. State of M.P. and Others) substantiated through the document Annexure P/3 filed by the petitioner. The petitioner has not submitted mark-sheets of B.Sc. I year and/or II year so as to conclude about his academic pursuit in computer science. It was the duty of the petitioner to successfully establish this fact, which he could not.

In such premises, it cannot be held that petitioner has done B.Sc. in computer science and therefore, has qualification in computers at higher education level. Thus petitioner does not come under the eligibility criteria as prescribed under clause 1.8 of the Rules (Annexure P/1). The petitioner has filed the syllabus of diploma in computer science as Annexure P/4 collectively but that syllabus does not demonstrates the involvement of petitioner in respect of pursuing B.Sc. in computer science at any stage.

The syllabus of diploma in computer science is not disputed, the only aspect is to be seen is whether the petitioner has done B.Sc. in computer science or not. In that regard petitioner fails to demonstrate his academic pursuit in respect of computer science.

Thus, petition fails and is hereby dismissed.

(Anand Pathak) Judge vc