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2019 Supreme(Raj) 2654
IN THE HIGH COURT OF RAJASTHAN
Arun Bhansali, J.
Jitendra Kumar - Appellant
Versus
State Of Rajasthan And Another - Respondent
Civil Writ No. 2321 of 2019
Decided On : 22-02-2019
Mr. Jitendra Kumar - present in person, for the Appellant; Mr. Manish Patel, AGC, for the Respondents
A person with a qualification in Computer Application in graduation shall be considered qualified for computer-related positions.
Headnote:
Computer Qualification - Validity of Order - The court held that a person with a qualification in Computer Application in graduation shall be considered qualified for computer-related positions, including any Diploma or Computer Operator & Programming Assistant (COPA) or Data Preparation and Computer Software (DPCS). The court also emphasized that the subject of Computer in a degree may be optional, compulsory, or additional, as clarified by the Department of Personnel.
Fact of the Case:
The petitioner challenged the validity of an order due to lacking the requisite computer education qualification.
Finding of the Court:
The court allowed the writ petition, directing the respondents to consider the petitioner for appointment as an LDC, treating him as having a valid qualification of Computer Application obtained in Graduation, and providing him appointment if eligible and meritorious.
Issues: Validity of order due to lack of computer education qualification.
Ratio Decidendi: A person with a qualification in Computer Application in graduation shall be considered qualified for computer-related positions, and the subject of Computer in a degree may be optional, compulsory, or additional.
Final Decision: The writ petition was allowed, and the respondents were directed to consider the petitioner for appointment as an LDC based on the qualification of Computer Application obtained in Graduation.
JUDGMENT
1. This writ petition has been filed by the petitioner questioning the validity of the order dated 11.07.2018 (Annex.-5) on account of petitioner lacking in requisite qualification pertaining to computer education.
2. It is submitted by the petitioner and learned counsel appearing for the respondents that the issue raised in the writ petition is squarely covered by the judgment of this Court in Heera Lal Jat v. State of Raj. & Ors.: SBCW No. 11070/2018, decided on 01.08.2018.
3. Additionally, a certificate produced by the petitioner (Annex.3) at Pg. 41 is also required to be taken into consideration for the purpose of experience of the petitioner.
4. In view of the submissions made, the certificate produced by the petitioner be taken into consideration for the purpose of bonus marks based on the experience of the petitioner.
5. With the above additional direction, the writ petition filed by the petitioner is allowed with the following directions issued in the case of Heera Lal Jat (supra):-
"4. After hearing learned counsel for the parties and perusing record, this Court is of the opinion that the law laid down by this Court in Roopa Ram Meghwal (supra) while following Pinal Singh Ranawat (supra) and Shivom Gupta (supra) read with judgment of Gajendra Singh (supra) clearly indicate that a person having qualification of Computer Application in graduation shall be entitled to be considered as qualified for the computer qualification or any Diploma or Computer Operator & Programming Assistant (COPA) or Data Preparation and Computer Software (DPCS). This Court also finds that the respondents themselves have included a degree in Computer Science in their notification dated 14.3.2016 issued by the Department of Personnel, which is further clarified by the order dated 11.7.2018, whereby the subject of Computer in degree may be optional, compulsory or additional.
5. In light of the aforesaid the present writ petition is allowed. The respondents are directed to consider candidature of the petitioner for appointment on the post of LDC in pursuance of advertisement of the year 2013 while treating him to be having a valid qualification of Computer Application obtained in Graduation and provide him appointment on the post of LDC if he is otherwise eligible and meritorious within a period of 60 days from today."
6. The aforesaid direction as given in the case of Heera Lal Jat (supra) with the additional stipulation that the above relief would be applicable only if the vacancies are available.
