Disposed

Renu D/O Shri Suresh Kumar, W/O Rajpal Meghwal v. State of Rajasthan

Rajasthan HC19 Aug 2019CW/10102/2019

Case brief

AI extract

What is this about?

The petitioner sought a direction to consider her candidature for an LDC post in the SC category, claiming Computer Science qualification as equivalent to Computer Application. The court, citing a coordinate bench order, directed the Committee to consider her case immediately.

What did the court decide?

Direction to respondents to consider petitioner's case for appointment and pass necessary order if found eligible and meritorious within 60 days.

Renu D/O Shri Suresh Kumar, W/O Rajpal… — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 10102/2019

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Renu D/o Shri Suresh Kumar, W/o Rajpal Meghwal, Aged About 28 Years, R/o Vpo Gidaniya, Tehsil Chidawa, District Jhunjhunu, Rajasthan.

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----Petitioner

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Versus

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

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Deputy Secretary, Administrative Reforms (Group-3) Department, Govt. Of Rajasthan, Jaipur, Rajasthan.

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Additional Commissioner, Rural Development And Panchyati Raj Department, Govt. Of Rajasthan, Jaipur, Rajasthan.

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Chief Executive Officer, Zila Parishad, Jhunjhunu, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr.Manoj Ojla For Respondent(s) : Mr.Pradeep Kalwania, Government Counsel Mrs.Pratishtha Pilania, ACEO, Zila Parisahd Jhunjhunu – present in the Court

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

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Order

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19/08/2019

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The present writ petition has been filed by the petitioner for seeking a direction to consider her candidature for appointment on the post of LDC in SC Female Category.

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Learned counsel submitted that the petitioner possesses the qualification of Senior Secondary and one of the additional

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(2 of 3)

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[CW-10102/2019]

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subjects, possessed by the petitioner, was Computer Science, as is reflected from the mark sheet of Senior Secondary (Annexure – 1 in the writ petition).

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Learned counsel submitted that the Rural Development and Panchayati Raj Department has issued a letter dated 11^th July, 2018 directing all the Chief Executive Officers of Jila Parishads to consider the cases of the candidates, if they have subject of Computer Application/Computer Science in Senior Secondary as one of the subjects. The said letter also makes it clear that one of the subjects can be optional/compulsory/additional.

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Learned counsel submitted that controversy raised in the present writ petition has already been decided by the Coordinate Bench at Principal Seat, Jodhpur vide order dated 1^st August, 2018 in SB Civil Writ Petition No.11070/2018 (Heera Lal Jat Vs. State of Rajasthan & Ors.) . Para No.5 of the order in the case of Heera Lal Jat (supra) is quoted hereunder for ready refernce :

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“5. 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 Government Counsel Mr.Pradeep Kalwania, appearing for the respondents, submits that reply to the writ petition has been filed today and it has been emphasized in the reply that representation has been filed by the petitioner with

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(3 of 3)

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[CW-10102/2019]

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regard to her qualification and the said representation will be considered and decided by the District Establishment Committee (for short “the Committee”) in the next meeting.

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Learned counsel submits that whatever decision will be taken by the Committee in the next meeting, the same would be acted upon accordingly.

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Learned counsel for the respondents, on the instructions of Additional Chief Executive, Jila Parishad Jhunjhunu Mrs.Pratishtha Pilania, who is present in the Court, submits that meeting of the Committee will be convened very shortly and the case of the petitioner will also be considered.

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This Court finds that though the controversy has already been decided by the Coordinate Bench at Principal Seat, Jodhpur in the case of Heera Lal Jat (supra) and further the State Government itself has issued letter dated 11^th July, 2018, however, since the matter is being processed in the Department itself and as such, the case of the petitioner is required to be considered in the meeting, which would be held by the Committee, it is expected from the Committee to consider the case of the petitioner as per the letter issued by the Rural Development and Panchayati Raj Department dated 11^th July, 2018 and as per the law declared by this Court in the case of Heera Lal Jat (supra).

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With the aforesaid, the present writ petition is disposed of with the direction to the respondents to consider the case of the petitioner in respect of her candidature for appointment and if the petitioner is found eligible then the necessary order will be passed.

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(ASHOK KUMAR GAUR),J

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Preeti Asopa /81/31

Renu D/O Shri Suresh Kumar, W/O Rajpal Meghwal v. State of Rajasthan

Case brief

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Renu D/O Shri Suresh Kumar, W/O Rajpal Meghwal v. State of Rajasthan

Case brief

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