Rajasthan High Court - Jodhpur
Yogesh Kumar vs The State Of Rajasthan ... on 7 November, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:48076]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 21754/2025
Yogesh Kumar S/o Rajendra Prasad, Aged About 31 Years, R/o
Vpo Basai Nawab, District Dholpur, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Medical
And Family Welfare Department, Rajasthan, Jaipur,
Rajasthan.
2. The Director (Non-Gazetted), Medical And Health Service,
Rajasthan, Jaipur.
3. The Additional Director (Administration), Medical And
Family Welfare Department, Rajasthan, Jaipur, Rajasthan.
4. Chief Medical And Health Officer, Jaipur Second.
----Respondents
For Petitioner(s) : Mr. Vikram Singh Bhawla
For Respondent(s) : Mr. NK Mehta, Dy.G.C.
HON'BLE MR. JUSTICE FARJAND ALI
Order
07/11/2025
1. Mr. Vikram Singh Bhawla, learned counsel for the petitioner
submitted that the issue involved in the present writ petition is
squarely covered by the judgment dated 17.02.2025 passed by
this Court in S.B. Civil Writ Petition No.1457/2025 (Manish Vyas
Vs. The State of Rajasthan & Ors).
2. Mr. N. K. Mehta, learned counsel for the respondents is not in a
position to dispute the aforesaid position of facts and law.
3. In the case of Manish Vyas (supra), this Court has observed
thus:-
"24. True it is, that the circular dated 19.08.2010
mentions that a candidate has to clear type test on
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computer but the subsequent circular dated 21.09.2010
which has been issued within a period of one month of
the earlier circular, makes it clear that the stipulation
made in the circular dated 19.08.2010 so far as giving
'type test of computer' is concerned, was erroneous. If
the circulars of 19.08.2010 and 21.09.2010 are read
carefully, it is apparent that they make a specific
reference to the Rules of 1999, so also the notification
dated 05.07.2010 by which the Rules of 1999 came to
be amended.
25. This Court is, therefore, clearly of the view that after
the amendment was brought in the Rules of 1999 (w.e.f
05.07.2010), the requisite educational qualification for
the post of LDC is, senior secondary education and
computer proficiency as mentioned in Schedule-I and
not the type test, as was prevailing prior to 05.07.2010.
26. Petitioner has indisputably acquired computer
proficiency or RS-CIT certificate in December, 2014 and
therefore, he cannot be asked to clear type test as his
appointment was after 05.07.2010 (on 21.07.2011),
more particularly, in absence of any such condition or
stipulation in his appointment order.
27. For what has been discussed hereinabove and
following the judgment in the case of Mohhamad Umar
Rangrej (supra), the petition is allowed."
4. The present writ petition is also allowed with the following
directions:-
(I) The respondents are directed to give due increments and all
other consequential benefits, including promotion to the petitioner
in accordance with law - as per the provisions contained in Rule 9
of the Rules of 1996 so also the circular dated 04.05.2017.
(ii) The respondents shall obviously give notional increments to
the petitioner from the date of appointment up to the date, when
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he acquired RS-CIT certificate (27.06.2022) but shall nevertheless
give actual increments after 18.04.2022 and promotion if the
petitioner is otherwise eligible.
(iii) The respondents are directed to pass requisite order in line
with the adjudication made hereinabove within a period of two
months from today. The arrears be paid within a period of four
months from the date of the order instant.
5. The stay application and all other interlocutory applications
stand disposed of accordingly
(FARJAND ALI),J
222-chhavi/-
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