Order (Oral)

04/03/2025

1. The petitioner herein, an aspirant to become Lower Division Clerk (LDC), pursuant to an advertisement dated 14.02.2013 (Annex.2), is before this Court, seeking an appropriate writ, order and/or direction to the respondents to accord appointment to him while considering his Post Graduate Diploma in Computer Application (PGDCA) from Makhanlal Chaturvedi University, Bhopal as valid.

2. The relevant facts shorn-of unnecessary details are that the respondents issued an advertisement dated 14.02.2013 inviting applications for the post of LDC. The petitioner applied for the same and participated in the selection process. However, her certificate of PGDCA was not taken into consideration on the ground that the same was not obtained from a recognized university. Hence, this petition.

3. The pointed stand taken by the respondents in their reply is contained in para No.1 of the reply, which being apposite, is reproduced hereunder:-

"1. That the Petitioner has not approached this Hon'ble Court with clean hands. The Petitioner is guilty of making concealment of material facts so also making misstatements of fact. In this regard, it is submitted that selection process in regard to present vacancy has already been completed long back, therefore, there is no chance of appointment of the Petitioner on the said post. Furthermore, a standing, order has already been issued by the State of Rajasthan for abolishing the unfilled vacancies, which are unfilled due to any reason and same is not under challenged in the Writ Petition. Moreover, a judgment has also been passed by Hon'ble Court by specifying the direction to not appoint such persons who are not eligible at last date of filing the application form i.e. 22.03.2013. Therefore, the present writ petition liable to be dismissed on this count alone. Furthermore, it is also relevant to submit here that the SLP in regard to appointment on the post of LDC based on bonus marks has now decided by the Hon'ble Apex Court in favour of Answering Respondents and now Answering Respondents completed the selection process in accordance with law.

That it is also relevant to submit here that at the time of filing the application form, Petitioner submitted her Computer Certificate from Makhan Lal Chaturvedi Rashtriya Patrakarita Vishwavidyalaya, Bhopal which is not recognized by either University Grant Commission as well as circular issued by the State of Rajasthan. Furthermore, the degree of the Petitioner itself denote to the outside campus study center, therefore, it is not valid as per law and as per rules and regulation of the UGC. Admittedly, Petitioner hadn't eligible at the time of filing the application form as well as at the time of verification of documents, therefore, now she cannot claim her consideration. Furthermore, even Petitioner doesn't have the certificate of RS-

CIT at the time of verification of documents. Hence, the present Writ Petition is liable dismissed to be on this count alone. Further, the contention of the Petitioner in regard to affiliation of UGC is totally unfounded. In the case of "Professor Yashpal Vs. State of Chhatishgarh" Hon'ble Court already held that person who completed her computer course from above said University is not valid. Further, till yet there is no adverse order against the Petitioner, therefore, present Writ Petition is totally premature. A relevant record in this regard are kept ready of kind perusal of this Hon'ble High Court. Further, Petitioner did not submit her application form with this present Writ Petition and what qualification Petitioner has mentioned in her application form is totally uncertain. Due to not submitting an application form the present Writ Petition is liable to be dismissed on this count alone.

That it is very outset to submit here that the present Writ Petition is liable to be dismissed on the count of delay and latches also. Admittedly, when Petitioner's candidature was rejected in the year 2013 itself then ch