Allowed

Pooran Mal Chhipa v. the State of Rajasthan

Rajasthan HC5 Oct 2018CW/15631/2018

Case brief

AI extract

What is this about?

This order allows a writ petition filed by three petitioners. The High Court, relying on the judgment in Heera Lal Jat, directed the respondents to consider the petitioners eligible for appointment as Lower Division Clerks (LDC) by treating their computer application graduation subjects as valid computer qualifications, pending vacancy availability.

What did the court decide?

Respondents directed to consider petitioners for appointment as LDCs by treating their computer application graduation as valid qualification within 60 days if vacancies are available.

Pooran Mal Chhipa Vs the State of Rajasthan — Service and Employment | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Civil Writ No. 15631/2018

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Pooran Mal Chhipa S/o Shri Kailash Chand Chhipa, Aged About 34 Years, Ghati Ka Hanuman Ji Road, Banera, District Bhilwara (Raj.)

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Pawan Kumar Chandel S/o Shri Kashi Lal Chandel, Aged About 38 Years, Opposite Chimna Bawdi, Sadar Bazar, Shahpura, District Bhilwara

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Lala Ram Nayak S/o Shri Megna Ram Nayak, Aged About 32 Years, Kayamkhani Mohalla, Village Beskalai, Post Rakshi, Tehsil Banera, District Bhilwara

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----Petitioners

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Versus

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The State Of Rajasthan, Through The Secretary, Department Of Rural Development And Panchayati Raj, Govt. Of Rajasthan, Jaipur

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

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The Chief Executive Officer, Zila Parishad, Bhilwara

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----Respondents

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For Petitioner(s) : Mr. J.S. Bhaleria. For Respondent(s) : Mr. K.S. Solanki for Mr.Manish Patel, AGC.

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HON'BLE MR. JUSTICE ARUN BHANSALI

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Order

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05/10/2018

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This writ petition has been filed by the petitioners seeking a direction to the respondents to consider the candidature of the petitioners for appointment on the post of LDC by considering their graduation with subject of computer application as

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(2 of 3)

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[CW-15631/2018]

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qualification of computer and provide appointment to the petitioners in terms of their merit with all consequential benefits.

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Learned counsel for the petitioners submits that the issue raised in the present writ petition is squarely covered by judgment of this Court in Heera Lal Jat v. State of Raj. & Ors.: SBCW No.11070/2018 , decided on 01.08.2018, wherein the following directions have been issued:-

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“4. After hearing learned counsel for the parties and perusing record, this Court is of the opinion that the law laid down by this Court in Roopa Ram Meghwal (supra) while following Pinal Singh Ranawat (supra) and Shivom Gupta (supra) read with judgment of Gajendra Singh (supra) clearly indicate that a person having qualification of Computer Application in graduation shall be entitled to be considered as qualified for the computer qualification or any Diploma or Computer Operator & Programming Assistant (COPA) or Data Preparation and Computer Software (DPCS). This Court also finds that the respondents themselves have included a degree in Computer Science in their notification dated 14.3.2016 issued by the Department of Personnel, which is further clarified by the order dated 11.7.2018, whereby the subject of Computer in degree may be optional, compulsory or additional.

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In light of the aforesaid the present writ petition is allowed. The respondents are directed to consider candidature of the petitioner for appointment on the post of LDC in pursuance of advertisement of the year 2013 while treating him to be having a valid qualification of Computer Application obtained in Graduation and provide him appointment on the post of LDC if he is otherwise eligible and meritorious within a period of 60 days from today.”

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Learned counsel for the respondent-caveator is not in a position to dispute that the issue raised in the present writ petition is squarely covered by judgment in Heera Lal Jat (supra).

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In view of the above, the writ petition filed by the petitioners is allowed with the similar direction as given in the case of Heera

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(3 of 3)

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[CW-15631/2018]

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Lal Jat (supra) with the additional stipulation that the above relief would be applicable only if the vacancies are available.

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(ARUN BHANSALI),J

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Rm/301

Pooran Mal Chhipa v. the State of Rajasthan

Case brief

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Pooran Mal Chhipa v. the State of Rajasthan

Case brief

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