Dalpat Singh vs State Of Rajasthan
2022 Latest Caselaw 14707 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18395/2022

1. Dalpat Singh S/o Shri Veer Singh, Aged About 50 Years, R/o Village Tura, Post And Tehsil Sayla, District Jalore (Raj.).

2. Shambhu Singh S/o Shri Lakh Singh, Aged About 42 Years, R/o Village And Post Thoor, Tehsil Jaswantpura, District Jalore (Raj.).

3. Dilip Kumar Bhadru S/o Shri Doongaram Bhadru, Aged About 48 Years, R/o Nodal Road, Kotri, Post Kotri, Tehsil Desuri, District Pali (Raj.).

4. Padmaram Meghwal S/o Shri Lalaram, Aged About 39 Years, R/o Village Akava, Post Taliyana, Tehsil Sayla, District Jalore (Raj.).

5. Papeeya Ram S/o Shri Himtaram, Aged About 42 Years, R/o Post Bhula, Tehsil Pindwara, District Sirohi (Raj.).

----Petitioners Versus

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

2. Chief Executive Officer, Zila Parishad Jalore, Rajasthan.

3. District Collector, Jalore, Rajasthan.

                                                                ----Respondents


For Petitioner(s)         :    Mr. Moti Singh
For Respondent(s)         :    Mr. Piyush Bhandari                assistant   to
                               Mr. Sunil Beniwal, AAG



                    JUSTICE DINESH MEHTA

                                    Order

14/12/2022

1. By way of the present writ petition, the petitioners have

raised a grievance that the respondents have refused to give them

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appointment simply because the RSCIT certificates, which the

petitioners have produced, were issued after 30.06.2013.

2. Mr. Bhandari, learned counsel for the respondents, on the

other hand, submitted that since the select list was issued upto

30.06.2013, the State Government had issued a circular and fixed

a cut-off date of 30.06.2013 for the purpose of RSCIT Certificate.

3. Learned counsel argued that the cut-off date is required to

be adhered to strictly as has been held by this Court in various

decisions including the judgment dated 23.11.2022 rendered in

the bunch of petitions led by SB Civil Writ Petition

No.16092/2022 : Bheekha Lal Roat & Ors. Vs. State of

Rajasthan & Ors. and the judgment dated 24.08.2017 passed by

this Court in the case of Sangeeta Sen Vs. State of Rajasthan

& Ors. : SB Civil Writ Petition No.5851/2017.

4. The operative part of the judgment of Bheekha Lal Roat

(supra) reads thus :

"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

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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."

5. As the certificates relied upon by the petitioners were issued

after 30.06.2013, following the judgments in the case of Bheekha

Lal Raot (supra) and Sangeeta Sen (supra), the present writ

petition is dismissed.

6. Stay application too stands dismissed.

(DINESH MEHTA),J 86-Inder/-

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