IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
AUGUSTINE GEORGE MASIH, VINIT KUMAR MATHUR, JJ.
Gaurav Suthar S/o Shri Sunder Lal Suthar – Appellant
Versus
State Of Rajasthan - Respondent
D.B. Spl. Appl. Writ No. 30 of 2023, D.B. Spl. Appl. Writ No. 964 of 2022, D.B. Spl. Appl. Writ No. 33 of 2023
Decided on : 13-09-2023
Civil Writ Petition – Application for appointment – Lower Division Clerk – Whether appellants, who are claiming to have passed their computer application qualification in first/second year graduation studies and their results have been declared for these years prior to cut-off would render them eligible for appointment to post of LDC – Held, Court in case (supra) would not be of any help to them for simple reason that case which was subject matter of consideration before court was acquisition of computer qualification from an unrecognized institution initially but thereafter obtaining requisite qualification from recognized State institute prior to cut-off – Division Bench had held there also that cut-off date was sacrosanct and requisite technical qualification had to be prior to cut-off date – Graduation is a three year course and it is on completion of those three years that a course can be said to be completed – Each year is not a different course and it is consolidated three year effort of student, which leads to obtaining graduation degree, prayer of appellants cannot be accepted – Appeals dismissed.
JUDGMENT :
1. By this common judgment, we propose to decide present three appeals wherein the writ petitions preferred by the appellants claiming a direction to the respondents to treat them eligible on the basis of qualification of graduation with ‘computer application’ as one of the subjects and as a consequence thereof, to provide them appointment to the post of Lower Division Clerk (for short, ‘LDC’) pursuant to the recruitment advertisement-2013, have been dismissed by the learned Single Judge on the ground that the result of the graduation was declared after the cut-off date and therefore, the appellants were not eligible on the date which was fixed for consideration.
2. Learned counsel for the parties are ad idem that the issue involved in these appeals are identical and therefore, the same may be disposed of by a common judgment.
3. Briefly the facts are that the appellants applied for the post of LDC pursuant to the recruitment advertisement-2013, whereby 4000 posts of LDC had to be filled up as per the circular dated 07.09.2022, for which purpose list of candidates was issued. The appellants were also called for document verification, but they were not found eligible as they did not have the requisite qualification on or before the cut-off date i.e. 30.06.2013. It is an admitted position that result of the appellants of graduation degree was declared after the said cut off date.
4. It is the assertion of the counsel for the appellants that the appellants have cleared their computer application examination during the first and second year of their graduation and the results of those years were declared in the year 2012, which is before the cut-off date and therefore, they would be eligible in terms of the advertisement issued for recruitment in 2013. In support of this contention, counsel for the appellants have placed reliance upon circular dated 26.09.2018 {Annnexure-3 in Anjulata Meena vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.16313/2022)}, vide which on the basis of an order passed by this Court in Rooparam Meghwal vs. State of Rajasthan & Ors. [S.B. Civil Writ Petition No.10050/2018, decided on 25.07.2018], directions to consider candidature of the candidates for appointment to the post of LDC pursuant to advertisement dated 14.02.2013 treating them to be having valid qualification for computer application obtained in graduation/B.Ed. were issued. Assertion has also been made that when the requisite candidates with computer science/computer application qualification were not available, an earlier circular had been issued on 11.07.2018 (Annexure-2) by the Rural Development and Panchayati Raj Department regarding qualification of Senior Secondary from a recognised Board of School Education in the country with computer science/computer application as one of the subject including compulsory/optional/additional subject treated to be an equivalent qualification. It is on the basis of these circulars that the counsel for the appellants contend that basic qualification required for appointment as an LDC was Senior Secondary examination with computer science/computer application as one of the subject up to the said level. Since the appellants have passed their graduation with subject of computer science/computer application in the first and second year of their graduation course and have qualified the same in the years 2011 and 2012 which is prior to the cut-off date i.e. 30.06.2013, they are required to be treated eligible for appointment to the post of LDC.
5. Learned counsel for the appellants have placed reliance upon a Division Bench judgment of this Court in State of Rajasthan & Ors. vs. Praveen Kumar (D.B. Special Appeal (Writ) No.241/2022, decided on 28.06.2022) where this Court had held that in the light of the circulars dated 30.10.2017, 25.12.2017 and 11.07.2018, the aspirants, who had acquired the educational and technical qualifications on or before 23.06.2013, were entitled to be considered for s
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 ....
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.
Point of Law : Division Bench has rightly set aside action of the FCI in rejecting case of original writ petitioner and has rightly directed the FCI to consider the case of original writ petitioner f....
The amended Rules of 1999 clarify that the educational qualification for LDC includes senior secondary education and computer proficiency, removing the type test requirement.
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