High CourtsSingle Bench(2019) 04 RAJ CK 0128

Rekha Purohit vs Rajasthan Public Service Commission And Ors

Rajasthan High Court · Decided on 26 April 2019

HON’BLE JUDGES
Arun Bhansali, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 5914 Of 2019

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Judgment

7 paragraphs · 340 words

This writ petition has been filed by the petitioner seeking a direction to the respondents to consider the candidature of the petitioner on merit and her candidature may not be rejected for want of original certificates.

The petitioner pursuant to the advertisement dated 07.01.2016 (Annex.1), applied for the post of Senior Teacher (Special Education) subject Sanskrit. The petitioner was selected in the result declared on 20.11.2018 (Annex.3) and was called for document verification. In the communication dated 05.04.2019, issued to the petitioner, the petitioner was called upon to produce the marks-sheet of B.Ed. (Special Education) and the degree.

It is, inter-alia, indicating that as the petitioner has obtained her qualification from Karnataka State Open University, regarding which the dispute pertaining to recognition by the University Grants Commission is pending consideration before the Hon'ble Supreme Court, the originals are not being issued and therefore, the respondents be directed not to insist for the originals and as & when originals would be issued to the petitioner, the petitioner would produce the same.

In all fairness, the petitioner has placed on record a document Annex.-5 dated 16.06.2015, which is a public notice issued by the UGC indicating that the programmes offered by the Karnataka State Open University, Mysore beyond 2012-13 were not recognised by the UGC.

Though admittedly, the petitioner has obtained her degree after 2012-13, but it is claimed that now by order dated 03.12.2018, the UGC has recognised the Karnataka State Open University for the period 2018-19 to 2022-23 and the issue pertaining to period 2013-14 to 2017-18 is pending consideration before the Hon'ble Supreme Court.

The very fact that when the petitioner obtained the qualification from Karnataka State Open University, the courses offered by it were not recognised, even if the RPSC is directed not to insist for the originals would not serve the cause of the petitioner, on account of such lack of recognition of the said degree.

In view thereof, as the claim/prayer made by the petitioner in the petition has no substance, the same is, therefore, dismissed.