Allowed

Ghamanda Ram v. State of Rajasthan

Rajasthan HC3 Jan 2019CW/106/2019

Case brief

AI extract

What is this about?

The High Court allowed a writ petition questioning a rejection order due to lack of computer qualifications. Relying on a prior precedent where computer application in graduation was deemed sufficient, the court directed the respondents to consider the petitioner for appointment as LDC if vacancies exist.

What did the court decide?

The writ petition is allowed, and the respondents are directed to consider the petitioner's candidature for appointment as LDC if vacancies are available.

Ghamanda Ram Vs State of Rajasthan — Public Procurement and Tenders | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ No. 106/2019

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Ghamanda Ram S/o Shri Doula Ram, Aged About 36 Years, R/o Village And Post Chhawa, Via Rawatsar, Tehsil And Dist Barmer.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary Cum Commissioner, Rural Development And Panchayati Raj Department, 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 Zila Parishad Barmer, Through The Chief Executive Officer.

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----Respondents

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For Petitioner(s) : Mr. Khet Singh. 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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03/01/2019

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This writ petition has been filed by the petitioner questioning the validity of the order dated 11.07.2018 (Annex.-10) on account of petitioner lacking in requisite qualification pertaining to computer education.

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Learned counsel for the petitioner 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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(2 of 2)

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[CW-106/2019]

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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 petitioner is allowed with the similar direction as given in the case of Heera 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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132-Rmathur/-

Ghamanda Ram v. State of Rajasthan

Case brief

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Ghamanda Ram v. State of Rajasthan

Case brief

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