The central legal point established is the mandatory consideration of computer qualification obtained in Graduation/B.Ed for LDC recruitment 2013, as specified in the circular dated 26.09.2018.

JUDGMENT

Rekha Borana, J. - The present writ petition has been filed with the prayer for appointment to the post of Lower Division Clerk (LDC) qua the widow category against the recruitment of 2013 pertaining to the vacancies of Zila Parishad, Barmer.

2. The case of the petitioner is that she applied in pursuance to the advertisement dated 12.02.2013. After the select list being declared, the petitioner did not find her name therein. When inquired upon, it was informed that the qualification of RS-CIT acquired by her was post 23.06.2013, that is, the last date prescribed for verification of documents.

3. It has been submitted by the petitioner that although the mark list has been issued by the respective authority in September 2013, she had taken admission and completed the course prior to June 2013. It has further been submitted that Clause-11 of the corrigendum issued by the Department provides as under:

11- 'kS{kf.kd rFkk dEI;wVj ;ksX;rk /kkjh ugha gksus ij vkosnu fujLr fd;k tkosA dEI;wVj ;ksX;rk laca/kh U;wure vkj-,l-lh-vkbZ-Vh izek.k] vko';d dEI;wVj laca/kh mPp ;ksX;rk gksus ij vkosnu Lohdkj djsa] ijUrq ,sls vH;FkhZ ftUgksaus vkosnu dj fn;k gS o vkj-,l-lh-vkbZ- Vhesa vHkh ijh{kk nh gS mudks Hkh laHkkfor p;u izfØ;k esa 'kkfey fd;k tkuk gSA p;u gsrq vfUre lwph tkjh gksus ls iwoZ mDr vH;FkhZ dks dEI;wVj ;ksX;rk laca/kh izek.k i= izLrqr djuk vko';d gksxkA

4. In terms of the said clause, the certificate of qualification pertaining to the computer application could have been produced before the issuance of the final select list and in the present matter, the final select list has been issued even till the year 2016 and 2018 because of the revision of the result in pursuance to certain judgments passed by the Court from time to time.

5. An additional affidavit has been filed on behalf of the petitioner submitting that even if the qualification of RS-CIT is not to be considered, the petitioner had completed one year course in computer application during her graduation which ought to have been considered. The mark list of the B.A. Ist year examination of the petitioner has been placed on record which shows that the petitioner had completed one year of computer application as the compulsory subject in the graduation.

6. Today, counsel for the respondents has placed on record the circular dated 26.09.2018 issued by the Department wherein keeping in consideration the directions as issued in the case of Ruparam Meghwal and Ors. v. State of Rajasthan and Ors. (S.B. Civil Writ Petition No. 10050/2018), the Department has specifically directed for consideration of the computer qualification acquired by the candidate in his Graduation/B.Ed/Post Graduation examination for the purposes of selection/appointment qua the LDC recruitment, 2013. The circular dated 26.09.2018 reads as under:

dfu"B fyfid lh/kh HkrhZ 2013 ds vUrxZr ,l-ch- flfoy fjV ;kfpdk la[;k 10050@2018 :ikjke es?koky o vU; cuke jktLFkku jkT; o vU; esa ekuuh; jktLFkku mPp U;k;ky; tks/kiqj }kjk ikfjr fu.kZ; fnukad 25-07-2018 esa ;kfpdkfFkZ;ksa ds Lukrd@ch-,M-@LukrdksRrj ijh{kk esa dEI;wVj ,Iyhds'ku fo"k; mRrh.kZ ;ksX;rk dks dfu"B fyfid HkrhZ 2013 esa dalhMj fd;k tkdj vU;Fkk ik= gksus ,oa ofj;rk esa gksus ij fu;qfDr ds funsZ'k fn;s gSA ekuuh; jktLFkku mPp U;k;ky; tks/kiqj }kjk ,lch flfoy fjV ;kfpdk la[;k 10050@2018 :ikjke es?koky o vU; cuke jktΠjkT; o vU; esa ikfjr fu.kZ; fnukad 25-07-2018 esa fuEukuqlkj funsZ'k fn;s gS%&

"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 14.02.2013 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."

mDr izdj.kksa esa foHkkxh; LFkkbZ lfefr dh cSBd fnukad 17-09-2018 esa ekuuh; mPp U;k;ky; ds fu.kZ; fnukad 25-07-2018 ds fo:) vi