This writ petition challenged the State's refusal to appoint the petitioner as a Stenographer based on her Advance Diploma in Computer Application. Dismissing the petition, the Court held that the petitioner did not possess the advertised qualification, as her institute was only accredited to conduct DOEACC "O" level courses.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14025/2015
Yogeshwari Sharma D/o. Shri Radhey Shyam Sharma @ Radhey Bhinda, E-758, Vaishali Nagar, Jaipur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. M.M. Mehrishi For Respondent(s) : Mr. Amit Kuri Mr. Gaurav Jain Mr. Satyendra Meena
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
04/05/2023
“It is therefore, most respectfully prayed that Your Lordships may graciously be pleased to call for the entire recommendations so far sent by the RPSC to the respondent no. 1 with the list and after its perusal may.
i) declare that the petitioner possessed the required prescribed qualifications and eligibility on the date of the applications for the post of Stenographers as prescribed.
ii) declare that the petitioner being selected in the merit list published by the RPSC on 21.10.2014 is entitled for appointment against the advertised vacancies;
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iii) direct respondents to issue appointment orders of selected candidates as per the merit list prepared by the RPSC within a specified time limit;
iv) direct respondents that in the event of petitioner fulfilling the prescribed qualification and other conditions as prescribed under the Rule she be given appointment within specified time limit; v) direct respondents to give all consequential benefits;
vi) any other relief which the Hon’ble Court may deem fit and proper may kindly be passed in favour of the petitioner.”
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certificate possessed by the petitioner i.e. Advance Diploma in Computer Application issued by the Daffodil Computer Education Pvt. Ltd. is not recognized by the DOEACC. Hence, the petitioner has not possessed the required qualification as per the advertisement, thus, the respondents have not committed any error in not granting appointment to the petitioner.
“6. Educational Qualification-
a. Senior Secondary from a recognized Board or its equivalent examination)
and
b. “O” or higher level Certificate course conducted by DOEACC under control of the Department of Electronics,
or
Computer operator & Programming Assistant (COPA)/Data Preparation and Computer Software (DPCS) certificate organized under National/ State Council of Vocational Training Scheme
Or
Diploma in Computer Science/Computer Applications from a University established by law in India or form an institution recognized by the Government
or
Diploma in Computer Science & Engineering from a polytechnic institution recognized by the Government.”
writ petition indicates that she has completed the course in
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Advance Diploma in Computer Application from Daffodil Computer Education Pvt. Ltd. Now the question which remains for consideration before this Court is that whether the above certificate possessed by the petitioner amounts to equivalent qualification as prescribed in the advertisement dated 06.09.2011. Perusal of the documents (Annexure-5) dated 02.06.2015 issued by the Daffodil Computer Education Pvt. Ltd. indicates that certificate of above Diploma in Computer Application is duly accredited by the DOEACC Society Government of India. On asking by this Court about the accreditation of the aforesaid certificate, the National Institute of Electronics & Information Technology (NIELIT) has submitted an additional affidavit on 04.07.2022 and in the said affidavit in para Nos. 5 to 11 it has been mentioned that Ms. Daffodil Computer Education Pvt. Ltd. had applied for provisional accreditation for conduction of DOEACC “O” level course.
“5. That M/s Daffodil Computer Education Pvt. Ltd, Jaipur has applied for provisional accreditation for conduction of DOEACC “O” level course to the DOEACC Society, New Delhi via application 4988 dated 24th October, 2001. Copy of the application dated 24.10.2001 is enclosed herewith an is marked as Annexure R-3/1.
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the letter dated 6.9.2002 is enclosed herewith and is marked as Annexure R-3/2.
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thereby that this institute was never authorized to issue Advance Computer Application Certificate.
(ANOOP KUMAR DHAND),J
Ashu/22
2 issues framed by the court
Whether the petitioner's Advance Diploma in Computer Application certificate qualifies under the advertised RPSC notification.
Whether the petitioner is entitled to appointment against the advertised vacancy.
Yogeshwari Sharma
State Of Rajasthan
Rajasthan Public Service Commissioner
Anoop Kumar Dhand
As recorded by the court registry
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