Kanti Lal Meena @APPELLANT@Hash State of Rajasthan & Ors.

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

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 the candidature of the petitioner as per her

Degree/Diploma in one of the subject which is optional/regularised/additional in pursuance of the Letter Dated 11.07.2018 (Annex-7) with all

consequential benefits.

B. By an appropriate writ, order or direction, the respondents may kindly be directed to afford appointment to the petitioner on the post of LDC

against the category of TSP/ST Male with all consequential benefits in pursuance of Advertisement Year, 2013 (Annexure-3).

C. By an appropriate writ, order or direction, the respondents may kindly be directed to consider the B.Ed. Degree/ELEM. Computer Appl. Of the

petitioner which is apparent from a University established by 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 B.Ed. 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 14.03.2016 (Annex-6).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= fnukda 23-04-2018 ,oa dkfeZd foHkkx dh vf/klpw uk fnukda 14-03-2016 esa aas one of the subject dk

mYy[s 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 vadrkfydk esa ;fn

dksbZ Hkh fo""k; gks rks mls ekU; fd;k tkoAsâ€​.

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.

7. 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 as 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.