Bhooba Ram vs State Of Rajasthan
2022 Latest Caselaw 14627 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14864/2022

Bhooba Ram S/o Bhoora Ram, Aged About 44 Years, Near Hanumanji Ka Mandir, Village Mochal, Post Jogpura, Tehsil Sheoganj, District Sirohi (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary, Department Of Rural Development And Panchayati Raj (Panchayati Raj), Government Of Rajasthan, Jaipur, Rajasthan.

2. Additional Commissioner, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.

3. Chief Executive Officer, Zila Parishad Sirohi, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Pawan Singh For Respondent(s) : Mr. Kunal Upadhaya for Mr. Sunil Beniwal, AAG

JUSTICE DINESH MEHTA

Order

13/12/2022

1. Mr. Kunal Upadhaya, learned counsel appearing for the

respondents - State, at the outset, submits that bunch of

identical writ petitions have been dismissed by a co-ordinate

Bench of this Court by the judgment dated 23.11.2022 led by

Bheekha Lal Roat & Ors Vs. State of Rajasthan & Ors. : S.B.

Civil Writ Petition No.16092/2022.

2. Mr. Pawan Singh, learned counsel for the petitioner is not in

a position to dispute aforesaid position of fact and law.

(2 of 3) [CW-14864/2022]

3. In the case of Bheekha Lal Roat (supra), this Court has held

as under:-

"I have considered the submissions made by learned counsel for the parties and have perused the material available on record.

It is not in dispute that the last date fixed by the respondents for the candidates to be in possession of requisite computer qualification is 30.06.2013 and admittedly, the petitioners have obtained the said computer qualification on 07.09.2013 i.e. beyond the cut-off date and as such on the date stipulated by the respondents, the petitioners were not eligible.

So far as the reliance placed on the circular dated 23.05.2013 (Annex.-7) is concerned, the stipulation made is that the requisite certificate was required to be produced before the issuance of the last list, it is not indicated therein that the qualification can be obtained after the cut-off date.

As the stipulation is only for production of the certificate, the same cannot be read to mean that qualification could be obtained till the issuance of the last list.

So far as the plea raised based on the circular dated 04.03.2010 (Annex.-14) regarding providing the computer training to the candidates like the petitioners is concerned, the said argument has been noted only for rejection.

Merely because pursuant to the said circular dated 04.03.2010, the petitioners were purportedly not accorded the computer training ipso facto cannot make them eligible for the recruitment-2013.

The circular issued on 21.06.2021 (Annex.-16), provides for giving priority to those working under the MGNREGA Scheme, the same does not provide for relaxation in the minimum qualification and the cut-off date.

In view of the above discussion, there is no substance in the writ petitions, the same are, therefore, dismissed."

(3 of 3) [CW-14864/2022]

4. Following the adjudication aforesaid, the present writ petition

is also dismissed.

5. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J 44-akansha/-

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