Arvind Kumar Nayak @APPELLANT@Hash State of Rajasthan & Ors.

Issue notice. Mr.Manish Patel, AGC accepts notice.

Learned counsel for the parties agree that the matter is squarely covered by the judgment passed by this Court in the matter of Heera Lal Jat Vs.

State of Rajasthan & Ors. (S.B. Civil Writ Petition No.11070/2018, decided on 01.08.2018).

The said judgment reads as under :-

“1. The petitioner has preferred this writ petition for the following reliefs :-

“(a) by an appropriate writ, order or direction, the respondents may kindly be directed to consider candidature of the petitioner as per his

Degree/Diploma in one of the subject which is optional/regularized/additional in pursuance of letter dated 11.7.2018 (Annex.7) with all consequential

benefits.

(b) by an appropriate writ, order or direction, therespondents may kindly be directed to afford appointment to the petitioner on the post of LDC

against the category of OBC (Non Creamy Layer) with all consequential benefits in pursuance of the advertisement year, 2013 (Annex.3)

(c) by an appropriate writ, order or direction, therespondents may kindly be directed to consider the Degree/ELEM. Computer Appln. Of the

petitioner which is apparent from a University established by the law in India or from an institution recognized by the Government, has to be included

as a valid educational qualification.

(d) by an appropriate writ, order or direction, therespondents may kindly be directed to declaring the Degree/Diploma/ Certificate equivalent to the

Computer Science/ Computer Application from a University established by law in India or from an institution recognized by the Government of

Rajasthan in pursuance to the Notification dated 14.3.2016 (Annex.6).

(e) Any other appropriate writ, order or direction which thisHon`ble Court may deem just and proper in the facts and circumstances of the case may

kindly be passed in favour of the petitioner.

(f) Writ petition filed by the petitioner may kindly be allowedwith costs.â€​

The petitioner is seeking recruitment on the post of LDC in pursuance of advertisement of the year 2013. The limited argument made by learned

counsel for the petitioner is that the petitioner’s candidature should be considered as having qualified the computer qualification as he was

having Degree with one of the subject of Computer Application. Counsel for the petitioner has drawn attention of Court to Annex.6, notification

issued by the respondents on 14.3.2016, whereby the necessary qualification has been amended in the rules and regulations “Rajasthan Public

Service Commission (Ministerial and Subordinate Services) (….Amendment) Rules and Regulations, 2016, whereby the computer qualification

includes Degree/ Diploma/Certificate in Computer Science/Computer Application from a University established by the law in India or from an

institution recognized by the Government. Counsel for the petitioner has further shown the clarification issued by the respondents on 11.7.2018

(Annex.7), which reads as follows :-

“bl lEcU/k esa rduhdh f'k{kk foHkkx ds i= fnukad 23-04-2018 ,oa dkfeZd foHkkx dh vf/klpw uk fnukad 14-03-2016 esa aas one of the subject dk

mYys[k gS rFkk aas one of the subject esa ,sfPNd@vfuok;Z@vfrfjDr lHkh fo""k; vkrs gSA vr% vH;FkhZ dh lhfu;j lSd.Mjh dh vda rkfydk esa ;fn

dkbs Z Hkh fo""k; gks rks mls ekU; fd;k tkosAâ€​.

Counsel for the petitioner has, thus, made out a case that since he was holding a qualification of Computer Application in his Graduation, therefore, he

should be treated to have qualified the requirement of computer qualification in pursuance of the advertisement. Counsel for the petitioner has relied

upon the judgment of this Court in Roopa Ram Meghwal & Ors. Vs. State of Rajasthan & Ors. (S.B. Civil Writ petition No.10050/2018, decided on

25.7.2018) whereby while following Division Bench judgment of this Court in Pinal Singh Ranawat (Miss) Vs. State of Rajasthan & Ors. (D.B. Civil

Writ Petition No.2781/2014 decided on 01.8.2016) as well as another Division Bench judgment of this Court (Jaipur Bench) in Shivom Gupta Vs. State

of Rajasthan & Anr. (D.B. Civil Special Appeal No.1177/2016, decided on 03.05.2017) it has been held by Hon’ble Division Bench of this court

that a person having computer as a subject in Graduation shall be treated as qualified for computer qualification of RSCIT and other lesser diploma

and other qualifications. Learned counsel for the petitioner has also referred to judgment of of this Court (Jaipur Bench) in Gajendra Singh Vs. State

of Rajasthan & Anr. (S.B. Civil Writ Petition No.4043/2018, decided on 29.5.2018). In para-23, the Hon`ble Court has taken note of the Full

Commission Resolution of RPSC, in which, higher qualification is taken as a valid qualification.

Learned counsel for the respondent strongly refuted the submissions on the ground that the advertisement itself required the petitioner to have a

computer qualification, particularly, a Diploma or Computer Operator & Programming Assistant (COPA) or Data Preparation and Computer

Software (DPCS), which are computer courses.

After hearing learned counsel for the parties and perusing record, this Court is of the opinion that the law laid down by this Court in Roopa Ram

Meghwal (supra) while following Pinal Singh Ranawat (supra) and Shivom Gupta (supra) read with judgment of Gajendra Singh (supra) clearly

indicate that a person having qualification of Computer Application in graduation shall be entitled to be considered as qualified for the computer

qualification or any Diploma or Computer Operator & Programming Assistant (COPA) or Data Preparation and Computer Software (DPCS). This

Court also finds that the respondents themselves have included a degree in Computer Science in their notification dated 14.3.2016 issued by the

Department of Personnel, which is further clarified by the order dated 11.7.2018, whereby the subject of Computer in degree may be optional,

compulsory or additional.

In light of the aforesaid the present writ petition is allowed. The respondents are directed to consider candidature of the petitioner for

appointment on the post of LDC in pursuance of advertisement of the year 2013 while treating him to be having a valid qualification of Computer

Application obtained in Graduation and provide him appointment on the post of LDC if he is otherwise eligible and meritorious within a period of 60

days from today.â€​

In light of the aforequoted judgment, the present writ petition is allowed. The respondents are directed to consider candidature of the petitioner for

appointment on the post of LDC in pursuance of advertisement of the year 2013 while treating him to be having a valid qualification of Computer

Application obtained in Graduation and provide him appointment on the post of LDC if he is otherwise eligible and meritorious within a period of 60

days from today. Such consideration shall be subject to availability of vacancies for the post in-question.