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2017 Supreme(Raj) 955
IN THE HIGH COURT OF RAJASTHAN
NIRMALJIT KAUR, J.
Ragunath Menaria S/o Shri Deeplal Menaria - Petitioners
Versus
State of Rajasthan Through the Principal Secretary - Respondents
S.B. Civil Writ Petition Nos. 3877, 3129, 3140, 3139, 3184, 3531, 3558, 3684, 1794 of 2017
Decided On : 10-04-2017
For the Petitioner:Mr. S.S. Nirban, Mr. Pawan Singh for Mr. Ravindra Singh and Mr. Shree Kant Verma, Advocates.
For the Respondent: Mr. Manish Patel, AGC.
Headnote:
Employment and Service matter - Denial of appointment for post of LDC - Qualification - Selection Process - Petitioners have been denied appointment for post of LDC on ground of not mentioning requisite qualifications in relevant column of application form or on ground that they have not acquired qualification from a recognised institution - Respondents issued an advertisement whereby applications were invited for post of Lower Division Clerks for appointment on direct recruitment - As per aforementioned advertisement, minimum qualifications prescribed - Petitioners applied in pursuance to said advertisement - A provisional select list was issued and selected candidates were required to appear before appropriate authority for verification of documents on 27.5.2013 - Only qualifications mentioned by petitioners in application form were ordered to be considered if supported by certificate during verification of documents - None of petitioners had mentioned requisite qualification in their application form - Held, Column 5 pertains to Educational Qualifications and Column 6 pertains to Professional Qualifications with computer training - Petitioners had not filled one or other requisite qualification/RS-CIT, as case may be - Admittedly, they did not have requisite qualification on said date i.e. on last date of filling of application form - Therefore, such a certificate, can under no circumstances, be considered at time of verification of documents - Both conditions have to be satisfied - An applicant should be qualified on date of submission of application form and he should also produce such certificate on date of verification of documents - Thus, their candidature cannot be considered being ineligible on cutoff date - Writ petitions are dismissed.
Nirmaljit Kaur, J.
1. All the above-mentioned writ petitions shall stand decided by this common order as the issue involved is identical.
2. The prayer in all the writ petitions is to set aside the impugned order vide which the petitioners have been denied the appointment for the post of LDC on the ground of not mentioning the requisite qualifications in the relevant column of the application form or on the ground that they have not acquired the qualification from a recognised institution.
3. The respondents issued an advertisement dated 14.2.2013 whereby applications were invited for the post of Lower Division Clerks for appointment on direct recruitment. As per the aforementioned advertisement, minimum qualifications prescribed were as under :-
"(i) Applicant must pass the Senior Secondary from recognised board or its equivalent examination,
And
"O" or Higher Level Certificate Course conducted by DOEACC under control of the Department of Electronics, Government of India.
Or
Computer Operator & Programming Assistant (COPA)/Data Preparation and Computer Software (DPCS) certificate organised under National/State Council of Vocational Training Scheme.
Or
Diploma in Computer Science/Computer Applications from a University established by aw in India or from an institution recognised by the Government.
Or
Diploma in Computer Science & Engineering from a polytechnic institution recognised by the Government.
Or
Certificate Course in Information Technology (RSCIT) conducted by Vardhman Mahaveer Open University, Kota under control of Rajasthan Knowledge Corporation Limited"
4. The petitioners applied in pursuance to the said advertisement. A provisional select list was issued and the selected candidates were required to appear before the appropriate authority for verification of the documents on 27.5.2013. The result was declared on 30.5.2013. However, vide order dated 15.6.2013 passed by the respondents, only the qualifications mentioned by the petitioners in the application form were ordered to be considered if supported by the certificate during the verification of the documents. None of the petitioners had mentioned the requisite qualification in their application form.
5. While praying for the relief, learned counsel for the petitioners submitted that it was not possible to fill up the qualification possessed by the concerned petitioner as there was no column prescribed for filling up the details of the qualifications in which the petitioners had taken admission but had still not qualified or had not yet received the certificate. Secondly, the respondents have issued the corrigendum dated 28.3.2013 that in case, all candidates who produced the certificate of the concerned qualification on the date of verification of the documents, their certificate shall be duly considered. Lastly, the appointment on the post of LDC cannot be denied merely on technical ground of non-mentioning the RS-CIT/requisite qualification in the application form.
6. Learned counsel for the parties were heard at length.
7. For proper adjudication, it would be appropriate to reproduce the relevant applicable provisions in the advertisement. Note (5) of the application form reads as under:-
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