The State of Rajasthan vs Manoj Kumar Purohit S/o Late Shri Krishan Kumar Purohit

The instant special appeal has been filed by the State of

Rajasthan against the judgment dated 8. 8.2.2016 passed in

SBCWP NO.1197/2015 whereby the learned Single Judge allowed

the writ petition and passed an order that case of the respondent-

petitioner may be considered for appointment on the post of Clerk

Grade-II on compassionate ground by considering the educational

qualification of BAP certificate obtained from Vardhman Mahaveer

Open University, Kota, equivalent to a certificate of Senior

Secondary School Examination. Further, directed that if the

petitioner fulfills all other qualifications, the case of the

respondent-petitioner for appointment on the post of Clerk Grade-

II be considered within a period of two months from the date of

receipt certified copy of this order.

After hearing learned counsel for the parties, we are of the

opinion that in case of Baboo Lal Meena & Ors. Vs. State of

Rajasthan passed in SBCWP NO.1594/2009, decided on

22.2.2010 it has been held that the qualification of BAP by

Vardhman Mahaveer Open University, Kota is equivalent to a

certificate of secondary school examination and said judgment has

already attained finality because DBSAW No.05668/2010 filed by

the State Government was dismissed by the Division Bench on

19.7.2011. The learned Single Judge while following the aforesaid

judgment held that respondent-petitioner is entitled for the relief

sought for, therefore, there is no question to interfere in the

impugned judgment passed by the learned Single Judge because

the qualification of BAP certificate has been treated equivalent to

the certificate of secondary school examination.

In view of the above, there is no force in this special appeal

and therefore, the same is hereby dismissed.