The qualification of Computer Application obtained in Graduation should be considered as a valid qualification for appointment on the post of LDC, but the candidate can only claim this qualification once the result of the final year is declared.

JUDGMENT

Arun Bhansali, J. - This writ petition has been filed by the petitioner aggrieved against the rejection of his candidature for the post of Lower Division Clerk ('LDC') pursuant to Recruitment-2013.

2. It is, inter-alia, submitted that the petitioner had requisite qualification of Computer Application in Graduation, wherein the petitioner had studied Elementary Computer Application in his second year T.D.C. Arts Exam-2012, result whereof was declared on 29.07.2012. However, the respondents, on account of the fact that the petitioner completed his Graduation in the year 2013 wherein, the result was declared on 18.07.2013 i.e. after the cutoff date, i.e. 30.06.2013, have rejected the candidature of the petitioner, which is not justified.

3. Submissions have been made that the petitioner had passed his paper pertaining to Computer Application in second year, result whereof was declared on 29.07.2012, i.e. before the cutoff date, and, therefore, the petitioner is eligible in terms of the Recruitment, 2013. Submissions have been made that the respondents, initially did not recognize the eligibility of the candidates who have studied subject Computer Application in their Senior Secondary/Graduation, however, after the judgment of this Court in Heera Lal Jat v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No. 11070/2018 decided on 11.08.2018, issued Circulars. By judgment in Roopa Ram Meghwal & Ors. v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No. 10050/2018 decided on 25.07.2018, those who had valid qualification of Computer Application obtained in Graduation/B. Ed. were held eligible and therefore, the action of the respondents in this regard deserves to be set aside and the petitioner be held eligible for appointment on the post of LDC pursuant to Recruitment-2013.

4. Counsel for the respondents made submissions that admittedly the Graduation of the petitioner is after the cutoff date, wherein the petitioner has studied Computer Application, the petitioner cannot seek consideration of his having studied Computer Application as a qualification for appointment on the post of LDC pursuant to Recruitment-2013 and therefore, the petition deserves dismissal.

5. I have considered the submissions made by the counsel for the parties and have perused the material available on record.

6. A perusal of the advertisement (Annex. 2) reveals that it was required of the candidates to have the requisite qualification, inter-alia, pertaining to computers.

7. This Court in the case of Roopa Ram Meghwal (supra) inter-alia directed as under:

"With these observations, the writ petition is allowed. The respondents are directed to consider candidature of the petitioners for appointment on the post of LDC in pursuance of advertisement dated 14.2.2013 while treating them to be having a valid qualification of Computer Application obtained in Graduation/B. Ed and provide them appointment on the post of LDC if they are otherwise eligible and meritorious within a period of 60 days from today." [emphasis supplied]

8. A perusal of above directions would reveal that the Court directed consideration of the candidature of the petitioner(s) therein for appointment on the post of LDC, treating them to be having valid qualification of Computer Application obtained in Graduation/B.Ed. and provide them appointment on the post of LDC. The stipulation in the order is very clear wherein the qualification of Computer Application in Graduation has been directed to be taken into consideration as a valid qualification. To claim having the qualification of Computer Application in graduation, the candidate has to be a graduate and it is only when the result of final year is declared, that a candidate can call himself a graduate and therefore, till such time that a candidate has not completed his Graduation, he can neither claim benefit nor can seek that as he has studied the paper in any earlier year, the same should be taken as his computer qualification.

9. In