Rajasthan High Court - Jodhpur

Kalawati vs State Of Rajasthan ... on 19 August, 2023

Bench: Vinit Kumar Mathur

[2023:RJ-JD:26276] (1 of 5) [CW-10788/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10788/2023

Kalawati W/o Shri Sagar Nayak, Aged About 35 Years, Resident Of 1 Km 507 Head Sansardeshar, Mahadevwali, Chhatargarh, District Bikaner, Rajasthan.

----Petitioner Versus

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

2. Chief Executive Officer, Zila Parishad, Bikaner, District Bikaner, Rajasthan.

                                                                 ----Respondents


For Petitioner(s)          :    Mr. Manish Patel
For Respondent(s)          :    Mr. Sunil Beniwal, AAG assisted by
                                Mr. Kunal Upadhyay



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

                                     Order

19/08/2023

The present writ petition has been filed with the prayer for

appointment to the post of Lower Division Clerk (LDC) qua the

widow category against the recruitment of 2013 pertaining to the

vacancies of Zila Parishad, Barmer.

The case of the petitioner is that she applied in pursuance to

the advertisement dated 12.02.2013. After the select list being

declared, the petitioner did not find her name therein. When

inquired upon, it was informed that the qualification of RS-CIT

acquired by her was post 7.9.2013, that is, the last date

prescribed for verification of documents.

[2023:RJ-JD:26276] (2 of 5) [CW-10788/2023]

It has been submitted by the petitioner that although the

mark list has been issued by the respective authority in

September 2013, she had taken admission and completed the

course prior to June 2013. It has further been submitted that

Clause-11 of the corrigendum issued by the Department provides

as under:

"11- "kS{kf.kd rFkk dEI;wVj ;ksX;rk /kkjh ugha gksus ij vkosnu fujLr fd;k tkoasA dEI;wVj ;ksX;rk laca/kh U;wure vkj-,l-lh-vkbZ-Vh- izek.k] vko";d dEI;wVj laca/kh mPp ;ksX;rk gksus ij vkosnu Lohdkj djsa] ijUrq ,sls vH;FkhZ ftUgksaus vkosnu dj fn;k gS o vkj-,l-lh-vkbZ-Vh- esa vHkh ijh{kk nh gS mudks Hkh laHkkfor p;u izfØ;k esa "kkfey fd;k tkuk gSA p;u gsrq vfUre lwph tkjh gksus ls iwoZ mDr vH;FkhZ dks dEI;wVj ;ksX;rk laca/kh izek.k i= izLrqr djuk vko";d gksxkA "

In terms of the said clause, the certificate of qualification

pertaining to the computer application could have been produced

before the issuance of the final select list and in the present

matter, the final select list has been issued even till the year 2016

and 2018 because of the revision of the result in pursuance to

certain judgments passed by the Court from time to time.

An additional affidavit has been filed on behalf of the

petitioner submitting that even if the qualification of RS-CIT is not

to be considered, the petitioner had completed one year course in

computer application during her graduation which ought to have

been considered. The mark list of the B.A. Ist year examination of

the petitioner has been placed on record which shows that the

petitioner had completed one year of computer application as the

compulsory subject in the graduation.

Today, counsel for the respondents has placed on record the

circular dated 26.09.2018 issued by the Department wherein

[2023:RJ-JD:26276] (3 of 5) [CW-10788/2023]

keeping in consideration the directions as issued in the case of

Ruparam Meghwal and Ors. vs. State of Rajasthan and Ors.

(S.B. Civil Writ Petition No.10050/2018), the Department has

specifically directed for consideration of the computer qualification

acquired by the candidate in his Graduation/B.Ed/Post Graduation

examination for the purposes of selection/appointment qua the

LDC recruitment, 2013. The circular dated 26.09.2018 reads as

under:

"dfu'B fyfid lh/kh HkrhZ 2013 ds vUrxZr ,l-ch-flfoy fjV ;kfpdk la[;k 10050@2018 :ikjke es?koky o vU; cuke jktLFkku jkT; o vU; esa ekuuh; jktLFkku mPp U;k;ky; tks/kiqj }kjk ikfjr fu.kZ; fnukad 25-07-2018 esa ;kfpdkfFkZ;ksa ds Lukrd@ch-,M-@LukrdksRrj ijh{kk esa dEI;wVj ,Iyhds"ku fo'k; mRrh.kZ ;ksX;rk dks dfu'B fyfid HkrhZ 2013 esa dalhMj fd;k tkdj vU;Fkk ik= gksus ,oa ofj;rk esa gksus ij fu;qfDr ds funsZ"k fn;s gSA

ekuuh; jktLFkku mPp U;k;ky; tks/kiqj }kjk ,lch flfoy fjV ;kfpdk la[;k 10050@2018 :ikjke es?koky o vU; cuke jkt0 jkT; o vU; esa ikfjr fu.kZ; fnukad 25-07-2018 esa fuEukuqlkj funsZ"k fn;s gS %& "With these observations, the writ petition is allowed. The respondents are directed to consider candidature of the petitioners for appointment on the post of LDC in pursuance of advertisement dated 14.02.2013 while treating them to be having a valid qualification of Computer Application obtained in Graduation/B.Ed and provide them appointment on the post of LDC if they are otherwise eligible and meritorious within a period of 60 days from today."

mDr izdj.kksa esa foHkkxh; LFkkbZ lfefr dh cSBd fnukad 17-09-2018 esa ekuuh; mPp U;k;ky; ds fu.kZ; fnukad 25-07-2018 ds fo:) vihy nk;j ugha djus dk fu.kZ; fy;k x;k gSA

vr% foHkkxh; LFkkbZ lfefr }kjk ekuuh; mPp U;k;ky; }kjk ikfjr fu.kZ; fnukad 25-07-2018 dh ikyuk dk fu.kZ; fy;k tkus ds n`f'Vxr fu.kZ; fy;k x;k gS fd mDr fo'k;d leku izd`fr ds leLr izdj.kksa ftuesa vH;fFkZ;ksa dh Lukrd@ch-,M-@LukrdksRrj ijh{kk esa dEI;wVj ,Iyhds"ku fo'k; mRrh.kZ ;ksX;rk gS] dks dfu'B fyfid lh/kh HkrhZ 2013 ds vUrxZr dalhMj fd;k tkuk gS rFkk vH;fFkZ;ksa ds vU;Fkk ik= gksus ,oa ojh;rk esa LFkku j[kus ij p;u@fu;qfDr ds laca/k esa fopkj fd;k tkuk gSA"

[2023:RJ-JD:26276] (4 of 5) [CW-10788/2023]

In view of the above mentioned circular, without adverting

into the question whether the qualification of RS-CIT certificate

obtained by the petitioner is liable to be considered or not, it is

clear that the Department itself has now decided to consider the

computer qualification obtained by the candidate in his/her

graduation examination too. Therefore, the petitioner being

qualified for the same would now definitely fall in the zone of

consideration in terms of the circular dated 26.09.2018.

As the circular itself has been issued on 26.09.2018, it is

quite natural that the candidate could not have filled the

particulars of the said qualification in the application form filled-up