Suresh Kumar vs State Of Rajasthan
2022 Latest Caselaw 12873 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14108/2022

Suresh Kumar S/o Shri Trilok Chand, Aged About 40 Years, Resident Of Jatiyo Ka Purana Bas, Barmer (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Secretary Cum Commissioner, Rural Development And Panchayati Raj Department, Govt. Of Rajasthan, Jaipur.

2. The Additional Commissioner Cum Joint Secretary, Rural Development And Panchayati Raj Department, Govt. Of Rajasthan, Jaipur.

3. The Zila Parishad Barmer, Through The Chief Executive Officer.

----Respondents

For Petitioner(s) : Mr. Khet Singh Rajpurohit. For Respondent(s) : Mr. Kunal Upadhyay for Mr. Sunil Beniwal, AAG

HON'BLE MR. JUSTICE ARUN BHANSALI Order

02/11/2022

This writ petition has been filed by the petitioner seeking a

direction to treat the qualification acquiring by the petitioner i.e.

Engineering Diploma in electronics Engineering from the Board of

Technical Education, Rajasthan, Jodhpur, as eligible for

appointment on the post of LDC pursuant to the Recruitment-

2013.

Submissions have been made that the Co-ordinate Benches

of this Court in Heera Lal Jat v. State of Rajasthan & Ors. : S.B.

Civil Writ Petition No.11070/2018, decided on 01.08.2018; Roopa

Ram Meghwal & Ors. v. State of Rajasthan & Ors. : S.B. Civil Writ

Petition No.10050/2018, decided on 25.07.2018 and Lalita v.

State of Rajasthan & Ors. : S.B. Civil Writ Petition No.11981/2018,

(2 of 3) [CW-14108/2022]

decided on 10.08.2018 with regard to the same recruitment, have

taken into consideration the fact that the petitioners therein had

degree with one of the subject of Computer Education, Computer

Education as a part of B.Ed. degree as well as PGDCA in Computer

Application and Computer Education in B.Ed. Examination

respectively, were eligible in terms of the advertisement for

Recruitment-2013 and as the petitioner has studied Computer

Fundamentals, Information Technology Fundamentals, Computer

Architecture & Organization, Communication System and 'C'

Programming during various semesters for his diploma in

Electronics Engineering, non-consideration of the petitioner's

candidature by indicating that the petitioner has not studied

Computer Science / Computer Application is not justified.

Submissions have been made that while Computer Science is

a detailed and systematic study of the fundamentals of working on

a computer and Computer Applications are the study of the

application of computer software, therefore, the term 'Computer

Science / Computer Application' which has been used in generic

sense and as the petitioner has studied subjects as indicated

herein-before, he fulfills the requisite eligibility and therefore, the

respondents be directed to consider him as eligible for the post of

LDC.

Learned counsel for the respondents made submissions that

as the requirement is Computer Science / Computer Application

and in none of the semesters in the mark-sheets produced by the

petitioner, the petitioner has studied Computer Science /

Computer Application, he is not entitled to any relief.

I have considered the submissions made by learned counsel

for the parties and have perused the material available on record.

(3 of 3) [CW-14108/2022]

By various orders passed by this Court in the cases of Heera

Lal Jat (supra), Roopa Ram Meghwal (supra) & Lalita (supra), the

candidates therein who had studied Computer Education and

therein also, there was no mention of Computer Science /

Computer Application, which judgments have become final and

therefore, the plea raised requiring the petitioner to have

specifically studied Computer Science / Computer Application

cannot be countenanced.

As submitted by learned counsel for the petitioner, the words

'Computer Science / Computer Application' are of generic nature

wherein the Computer Science is a detailed and systematic study

of the fundamentals of working on a computer and Computer

Applications are the study of the application of computer software

and therefore, as the petitioner has studied Computer

Fundamentals, Information Technology Fundamentals, Computer

Architecture & Organization, Communication System and 'C'

Programming, it cannot be said that the petitioner has not studied

Computer Science / Computer Application.

In view of the above, the petition filed by the petitioner is

allowed. The respondents are directed to treat the petitioner as

eligible for the post of LDC in his category, in case vacancy is

available as on today in petitioner's category, pursuant to the

Recruitment-2013 and in case, he is otherwise eligible and falls in

merit, treat him appropriately.

Needful may be done within a period of two weeks.

(ARUN BHANSALI),J 117-Rmathur/-

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