Ayub Khan vs State Of Rajasthan And Anr. ...
2023 Latest Caselaw 6755 Raj

[2023:RJ-JD:27760]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1852/2018

Ayub Khan S/o Shri Yakub Khan, R/o Ward No. 14 Naya, Aadarsh Colony, Near White House, Suratgarh, District Sriganganagar, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan Through The Secretary, Department Of Personnel And Training, Government Of Rajasthan, Secretariat, Jaipur.

2. The Secretary, Rajasthan Public Service Commission, Ajmer, Rajasthan.

----Respondents

For Petitioner(s) : None present For Respondent(s) : Mr Rajesh Punia Ms. Akshiti Singhvi for Mr. Sandeep Shah, AAG

JUSTICE DINESH MEHTA

Order

02/09/2023

1. Nobody appears on behalf of the petitioner.

2. A perusal of Para Nos. 22 and 23 of the writ petition shows

that the petitioner has raised a grievance qua action of the

respondent - Commission who has considered the Degree of

B.Tech to be equivalent to RSCIT.

3. Learned counsel for the respondents submitted that the

identical controversy came up before the Jaipur Bench of this

Court and vide judgment dated 29.05.2018 rendered in the case

of Gajendra Singh vs. State of Rajasthan & Anr. (S.B. Civil

Writ Petition No. 4043/2018), this Court has repelled such

[2023:RJ-JD:27760] (2 of 2) [CW-1852/2018]

contention of the petitioner in relation to the same recruitment

process.

4. Para 34 of the judgment in the case of Gajendra Singh

(supra) reads thus:

"34. From the factual matrix as obtaining in the case at hand and applying the principles deducible from the opinions referred to and relied upon by the counsel for the parties; it can safely be concluded that the candidates with B.Tech. Qualification, or candidates in possession of qualifications equivalent or higher, would be deemed to fulfill the lower qualification prescribed for the post. But that qualification has to be in the same channel. However, this rule could be subjected to exception where the prescription of a particular qualification is found to be irrelevant for discharging the functions of that post and at the same time, government is able to demonstrate that for want of said qualification, a candidate may not be suitable for the post, even if he is in possession of "better qualification" but that "better qualification" has no relevance with the functions attached to the posts.(vide Deep Chand Tiwari And Anr.)."

5. Following the judgment dated 29.05.2018 passed in the case

of Gajendra Singh (supra), the present writ petition is dismissed.

6. Stay application also stands dismissed.

(DINESH MEHTA),J 126-Mak/-

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