Rajasthan High Court
Satya Narayan Saini Son Of Shri ... vs State Of Rajasthan on 24 January, 2022
Bench: Akil Kureshi, Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 1104/2022
1. Satya Narayan Saini Son Of Shri Kanhaiya Lal Saini, Aged
About 27 Years, Resident Of Jiorta Khurd, District Dausa
(Raj.)
2. Sunil Kumar Saini Son Of Shri Kanhaiya Lal Saini, Aged
About 26 Years, Resident Of Jiorta Khurd, District Dausa
(Raj.)
3. Piyush Kumar Sharma Son Of Shri Vinod Kumar Sharma,
Aged About 30 Years, Resident Of 1/528, Kala Kuwan,
Housing Board, Alwar (Raj.)
4. Ajay Kumar Meena Son Of Shri Lallu Lal Meena, Aged
About 29 Years, Resident Of Chandawas, Dausa (Raj.)
5. Shanti Lal Meena Son Of Shri Badri Prasad Meena, Aged
About 24 Years, Resident Of 253, Village Meena Dantka
Pura, Kotri, Karauli (Raj.)
6. Chhoti Lal Meena Son Of Shri Kanna Ram Meena, Aged
About 27 Years, Resident Of Rampurwas, Doliwali Dhani,
Post Dev Gaon, Bassi, District Jaipur (Raj.)
7. Roshan Lal Meena Son Of Shri Jagdish Narayan Meena,
Aged About 27 Years, Resident Of Nonda Ki Dhani,
Gadholi, Gothra, District Jaipur (Raj.)
8. Basram Gurjar Son Of Shri Mannaram Gurjar, Aged About
24 Years, Resident Of 33, Gurjaron Ka Mohalla, Tundera,
District Tonk (Raj.)
9. Vikram Mahawar Son Of Shri Budhram Mahawar, Aged
About 22 Years, Resident Of Bahadurpur, Tehsil Todabhim,
District Karauli (Raj.)
10. Vishnu Kumar Sharma Son Of Shri Siyaram Sharma, Aged
About 27 Years, Resident Of Brahman Mohalla, Hodayli,
District Dausa (Raj.)
11. Sandeep Singh Son Of Shri Dharm Chand, Aged About 31
Years, Resident Of Village Jogawad, Tehsil Mundawar,
Banoth, District Alwar (Raj.)
12. Jhalak Maderna Son Of Shri Udai Singh, Aged About 22
Years, Resident Of Aipur, Ghatri, Bharatpur (Raj.)
13. Pradeep Kumar Son Of Shri Rajendra Singh, Aged About
27 Years, Resident Of Badi Wala Mohalla, Police Maidan Ke
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(2 of 4) [CW-1104/2022]
Paas, Khetri District Jhunjhunu (Raj.)
14. Harshit Del Son Of Shri Vimal Kumar Meena, Aged About
20 Years, Resident Of Delpura, Gudadevji, District Bundi
(Raj.)
----Petitioners
Versus
1. State Of Rajasthan, Through Its Joint Secretary,
Department Of Personnel, Govt. Secretariat, Jaipur (Raj.)
2. The Secretary Education Department, Govt. Secretariat,
Jaipur (Raj.)
3. Director, Secondary Education, Rajasthan, Bikaner (Raj.)
4. Secretary, Rajasthan Subordinate And Ministrial Service
Selection Board, Durgapura, Jaipur (Raj.)
----Respondents
For Petitioner(s) : Mr. Samarth Sharma &
Ms. Komal Kumari Giri through VC
For Respondent(s) :
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MR. JUSTICE SAMEER JAIN
Judgment
24/01/2022
The petitioners have challenged the vires of the Rajasthan
Educational (State and Subordinate) Service Rules, 2021
(hereinafter to be referred as 'the said Rules') which came to be
amended vide Rajasthan Educational (State and Subordinate)
Service (Amendment) Rules, 2022 (hereinafter to be referred as
'the amendment Rules') to the extent these Rules prescribe
minimum educational qualifications for eligibility for direct
recruitment to the post of basic computer instructor.
The petitioners hold three years diploma in computer
science. By virtue of the said Rules as amended by the
(3 of 4) [CW-1104/2022]
amendment Rules, the post of basic computer instructor is to be
filled up through direct recruitment. To be eligible, a candidate
must satisfy the following educational criteria:-
2 Basic 100% - Graduate and 'A' Level/PGDCA (Minimum
Computer one year)
Instructor Or
Bachelor in Engineering (B.E.)/Bachelor in
Technology (B.Tech) in Computer Science
(CS)/Information Technology
(IT)/Electronics & Communications
Engineering (ECE)/Electrical Engineering
(EE)/ Electrical and Electronics
Engineering (EEE)/ Electronic
Instrumentation & Control (EIC)/
Telecommunications & Instrumentation
(TIE)
OR
B.Sc. in Computer Science
(CS)/Infomation Technolgy (IT)
OR
Bachelor in Computer Application (BCA)
from a University established by the law
in India
OR
Any equivalent or higher qualification
recognised by the Government
The short contention of the petitioners is that exclusion of
three years diploma in computer science from the list of eligibility
criteria contained in the said Rules for the post in question is
arbitrary and discriminatory. This ground the petitioners seek to
make good by pointing out that for the post of computer
programming assistant, the State recognizes the said qualification
as essential eligibility. According to the petitioners nature of duties
and responsibilities in both cases being identical, exclusion of this
qualification for the purpose of recruitment to the post of basic
computer instructor amounts to discrimination.
(4 of 4) [CW-1104/2022]
We do not find that the petitioners have made out any case
for interference. What should be the eligibility criteria for holding a
particular post in public employment has essentially to be left to
the discretion of the authorities. The Court would not substitute its
opinion for that of recruiting authority in such specialized fields.
By mere statement that the two posts namely, basic computer
instructor and computer programming assistant involve identical
nature of duties, responsibilities and workload, these facts do not
get established. Admittedly two posts are in different cadres and
carry different nomenclature. Unless and until full duty lists, the
nature of job to be performed and all other relevant aspects are
brought on record, the two posts cannot be held to be equivalent
in all respects.
In the result the petition is dismissed.
(SAMEER JAIN),J (AKIL KURESHI),CJ
KAMLESH KUMAR/26
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