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2026 Supreme(Online)(Raj) 15011

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
KULDEEP MATHUR
SUSHIL KUMAR – Appellant
Versus
STATE OF RAJASTHAN AND ORS. – Respondent
CW / 15065 / 2017



##PAGE1##

[2026:RJ-JD:23295]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 15065/2017

Sushil Kumar S/o Shri Balveer Singh, R/o Village Jogiwala, Tehsil

Bhadra, District Hanumangarh Raj..

----Petitioner

Versus

1. State Of Rajasthan Through The Secretary, Department

Of Rural Development And Panchayati Raj, Government

Of Rajasthan, Secretariat, Rajasthan, Jaipur.

2. Zila Parishad, Hanumangarh Through Its Chief Executive

Officer.

3. Vikas Adhikari Panchayat Samiti Bhadra, District

Hanumangarh.

----Respondents

For Petitioner(s) : Mr. J.S. Bhaleria

For Respondent(s) : Mr. Kuldeep Vaishnav

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

14/05/2026

1. Mr. J.S. Bhaleria, learned counsel for the petitioner submitted

that the issue involved in the present writ petition is squarely

covered by the judgment dated 17.02.2025 passed by this Court

in S.B. Civil Writ Petition No.1457/2025 (Manish Vyas Vs. The

State of Rajasthan & Ors).

2. Mr. Kuldeep Vaishnav, learned counsel for the respondents is

not in a position to dispute the aforesaid position of facts and law.

3. In the case of Manish Vyas (supra), this Court has observed

thus:-

“24. True it is, that the circular dated 19.08.2010 mentions

that a candidate has to clear type test on computer but the

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[2026:RJ-JD:23295] (2 of 3) [CW-15065/2017]

subsequent circular dated 21.09.2010 which has been issued

within a period of one month of the earlier circular, makes it

clear that the stipulation made in the circular dated

19.08.2010 so far as giving ‘type test of computer’ is

concerned, was erroneous. If the circulars of 19.08.2010 and

21.09.2010 are read carefully, it is apparent that they make a

specific reference to the Rules of 1999, so also the notification

dated 05.07.2010 by which the Rules of 1999 came to be

amended.

25. This Court is, therefore, clearly of the view that after the

amendment was brought in the Rules of 1999 (w.e.f

05.07.2010), the requisite educational qualification for the post

of LDC is, senior secondary education and computer proficiency

as mentioned in Schedule-I and not the type test, as was

prevailing prior to 05.07.2010.

26. Petitioner has indisputably acquired computer proficiency

or RS-CIT certificate in December, 2014 and therefore, he

cannot be asked to clear type test as his appointment was

after 05.07.2010 (on 21.07.2011), more particularly, in

absence of any such condition or stipulation in his appointment

order.

27. For what has been discussed hereinabove and following the

judgment in the case of Mohhamad Umar Rangrej (supra), the

petition is allowed.”

4. The present writ petition is also allowed with the following

directions:-

(I) The respondents are directed to give due increments and all

other consequential benefits, including promotion to the petitioner

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[2026:RJ-JD:23295] (3 of 3) [CW-15065/2017]

in accordance with law - as per the provisions contained in Rule 9

of the Rules of 1996 so also the circular dated 04.05.2017.

(ii) The respondents shall obviously give notional increments to

the petitioner from the date of appointment up to the date, when

he acquired RS-CIT certificate (08.08.2017) but shall nevertheless

give actual increments after 08.08.2017 and promotion if the

petitioner is otherwise eligible.

(iii) The respondents are directed to pass requisite order in line

with the adjudication made hereinabove within a period of two

months from today. The arrears be paid within a period of four

months from the date of the order instant.

5. The stay application and all other interlocutory applications

stand disposed of accordingly.

(KULDEEP MATHUR),J

102-Dinesh/-

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