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Showing contexts for: Proficiency computer in Vikram Singh Rao vs State Of Rajasthan on 6 February, 2020Matching Fragments
11. In considered opinion of this Court once Rule 266 of the Rules of 1996 stood amended and requirement of clearing type test was substituted by the computer proficiency, the respondents could not have appended a condition of clearing type test in the form of Conditions No.1 & 2 of the consequential order dated 28.02.2013.
12. Rule 277 of the Rules of 1996, under which the petitioner was accorded appointment, provides that appointment to dependent of deceased employee shall be given, if such member (8 of 9) [CW-17204/2019] fulfills the educational qualification prescribed for the post and is otherwise qualified for such service.
13. A conjoint reading of Rules 266 and 277 of the Rules of 1996 leaves no manner of doubt that on the date of issuance of appointment order, the petitioners were required to possess the educational qualification, as were prevailing on the date of issuance of the order of appointment.
14. On 22.02.2013 the requisite educational qualification for the post of LDC was that of possessing computer proficiency as provided in Rule 266 and not 'typing'.
15. In this view of the matter, this Court has no hesitation in holding that the condition No.1 & 2 appended in order dated 28.02.2013 is unsustainable being contrary to Rule 266; the same is, hereby, quashed.
16. It is declared that the petitioner is/was not required to qualify type test for which he is being asked for the purpose of conferring all the emoluments and benefits to which he is otherwise entitled.
17. As an upshot of discussions above, all these writ petitions are allowed. The respondents are directed to treat all these petitioners eligible for all emoluments and advantages to which a Lower Division Clerk is entitled to. The respondents are, however, free to ascertain the factum of the petitioners having requisite computer proficiency, prior to granting all the fruits of their employment.
18. Each petitioner will place a certificate of their computer proficiency, as required under Rule 266 (after 18.12.2012) along with a certified copy of the order instant before concerned Chief (9 of 9) [CW-17204/2019] Executive Officer, Zila Parishad, who shall do the needful within a period of eight weeks thereafter.