JUDGMENT : Ajay Rastogi, J. 1. It is almost the third round of litigation initiated at the instance of the petitioner for ventilating his grievance through the instant writ petition. The petitioner is holding degree of B.E. (Computer) in 2009 with first class awarded by the University of Rajasthan, Jaipur. 2. Brief facts of the case are that various posts including the post of Computer ¼lax.kd½ included in the Schedule appended to the Rajasthan State Road Transport Corporation Employees Service Regulations, 1965 amended vide Board Resolution No. 30/13 Dt. 15.05.2013 in exercise of power u/S.45(2)(c) of the Road Transport Corporation Act, 1950, introduced vide Notification Dt. 14.06.2013, came to be advertised by the respondent-Corporation vide Notification Dt. 24.06.2013. 3. The petitioner being a holder of degree of B.E. (Computer) & being eligible applied for the post of Computer and participated in the selection process & after qualifying the written examination and the speed test of 5000 key depressions per hour secured 64.58 marks & placed in the select list at No. 5 published by the respondent-Corporation in the order of merit. It is relevant to mention here that against 26 vacancies which were advertised, the Service Selection Board found only 23 candidates suitable for appointment and after the recommendations made by the recruiting authority candidates who were placed in the select list were appointed vide order Dt. 14.02.2014 and the petitioner's name find place at No. 5 and a note was appended in the order of appointment that the appointment shall be subject to verification of original testimonials and being posted in Kota Depot while he reported to duty at Kota Depot, at the stage of verification of original testimonials, it was opined that he is not holding the basic qualification for the post in question, as notified in the advertisement and his appointment/selection was cancelled by the respondent-Corporation vide order Dt. 20.03.2014 and that came to be challenged by the petitioner in S.B. Civil Writ Petition No. 4219/2014 and it was prayed that order impugned cancelling his appointment/selection Dt. 20.03.2014 be set aside and the respondents be directed to issue joining letter pursuant to the order of appointment Dt. 14.02.2014. 4. 20.03.2014 and that came to be challenged by the petitioner in S.B. Civil Writ Petition No. 4219/2014 and it was prayed that order impugned cancelling his appointment/selection Dt. 20.03.2014 be set aside and the respondents be directed to issue joining letter pursuant to the order of appointment Dt. 14.02.2014. 4. Petitioner states that he is holder of B.E.(Computer) and candidate with Bachelor degree and 'O' Level certificate course, introduced by the Ministry of Human Resource Development, Government of India and conducted by the Computer Society of India (CSI) under the Department of Electronics Accreditation of Computer Courses (DOEACC) Scheme and is equivalent to Foundation Level Course for the purpose of employment to posts and services under the Central Government and students who are 10+2 or ITI Certificate (one year) after Class-X are eligible to join 'O' Level Certificate Course which is of one year and this has been basically introduced by the Government of India with the object to prepare candidates for DOEACC examination by imparting required knowledge and skill of computers and majority of candidates who have been selected, are either holding the qualification of 'O' Level Certificate or Post Graduate Diploma in Computer Applications (PGDCA), Bachelor in Computer Applications (BCA). 5. At the same time, holders of B.Tech. (Information & Technology) [B.Tech. (IT)] are also being considered eligible for compassionate appointment and there appears no reason why a person holding the qualification of B.E.(Computer) with the subject of Mathematics fundamental of computers & computer programming and other Science subjects, with deep knowledge of computers, is not being considered eligible and submits that it is nothing other than red-tapism and non-application of mind by the authority. 6. The coordinate Bench of this court while disposing of the earlier writ petition vide order Dt. 6. The coordinate Bench of this court while disposing of the earlier writ petition vide order Dt. 11.05.2016 observed that no reasons have been furnished for not treating the degree of B.E. (Computer) which in normal understanding inherently presupposes the fundamentals of Mathematics and once the Bachelor Degree in Mathematics is treated to be a qualification, there is no reasoning put forth for declining the degree of B.E. (Computer) in holding the post of Computers, advertised by the respondent-Corporation but left it open for the respondent-Corporation to re-visit the matter and directed the petitioner to appear before the Managing Director/competent authority & to do the needful with reference to the examination/verification of the original testimonials of the petitioner and pass a reasoned & speaking order regarding his eligibility as expeditiously as possible. 7. Since the respondent-Corporation failed to pass the order within the time schedule fixed by the court which is nothing but the usual practice, the petitioner left with no option but to file Contempt Petition No. 854/2016 impleading the Managing Director of the respondent-Corporation as party respondent in person and obviously after the notices of the contempt petition came to be served, order was passed by the respondent-Corporation on 27.07.2016 reiterating the qualifications prescribed under the Rules but without taking note of the observations made by the Court while disposing of the writ petition as to what will be the sanctity if the person holding Degree in (Computer) is not permitted to join the post of Computer whereas an under-graduate with subjects like Statistics, Economics, Mathematics, Commerce or Science (Maths) with 'O' Level certificate are considered eligible for the post and so also the ITI Certificate holders were considered for appointment and there appears no justification as to why the person with B.E.(Computer) is not considered eligible. 8. Nothing transpires from the order Dt. 27.07.2016 but since his representation was rejected by the respondent-Corporation, taking note thereof the contempt petition filed at the instance of the petitioner impleading the Managing Director of the Corporation as party respondent in person was dismissed vide order Dt. 07.09.2016 with liberty to the petitioner to challenge the order Dt. 27.07.2016 passed by the respondent-Corporation rejecting his representation in the independent proceedings in accordance with law. 9. At this stage, the petitioner approached this court questioning the order Dt. 27.07.2016 in the instant proceedings. 10. 07.09.2016 with liberty to the petitioner to challenge the order Dt. 27.07.2016 passed by the respondent-Corporation rejecting his representation in the independent proceedings in accordance with law. 9. At this stage, the petitioner approached this court questioning the order Dt. 27.07.2016 in the instant proceedings. 10. The petitioner appearing in person submits that prior to 2013 all the appointments were made by the Corporation by direct recruitment amongst the employees of the Corporation in 2013 amended Rules, 2013 are notified and advertisement came to be published by the respondent-Corporation altering the qualification, according to which any candidate who holds the degree of graduation from any University with subject Statistics, Economics, Mathematics, Commerce or Science (Maths) with 'O' Level certificate of Computers became eligible for the post of Computer. 11. Petitioner submits that at the level of under-graduation, there are three main core streams i.e. Arts, Commerce & Science and one may have the subject of Economics or Statistics or Mathematics which are either in the field of Commerce or Arts or Science with Maths as one of the subject or one may have Honours at the under-graduation level with 'O' Level computer certificate made the candidate eligible for the post of Computer and it is beyond imagination that the person holding qualification of B.E.(Computer) with the subject of Mathematics and other subjects related to Computers is not being considered eligible and if the respondent-Corporation with openness in their approach, would have examined the matter keeping in view the syllabus of Bachelor of Computer Applications & B.E.(Computer) the things would be made more clear but if one is not open to examine and keep rigidity of word to word specified in the Rules, 2013 nothing is possible and candidates who are post graduate diploma or Bachelor in Computer Applications are eligible, their appears no reason in holding the candidates of B.E.(Computer) ineligible for the post of Computer. 12. 12. Petitioner, in person, further submits that his subject combination in four years degree course and his certificates on record indicate that Mathematics is one of the subject with other subjects like Physics, Engineering Chemistry, Mechanical Engineering, Electrical & Electronics Engineering with advanced knowledge of Fundamentals of Computers are taught in B.E. (Computer) and holder of Bachelor Degree in subject like Science with Mathematics and 'O' Level certificate are considered eligible, there appears no reason to accept but it is possible if one examined with openness and subject combination prescribed for the post of Computer under the scheme of Rules, 2013. 13. Petitioner further submits that it is not the case that he concealed material information at the time of filling up his application form on-line and after the scrutiny of his academic qualification, he was permitted to participate in the selection process and appeared in written examination followed with other process of selection and finally he was found suitable and after recommendation of the recruiting authority & being placed in the select list at S. No. 5, he was considered suitable for appointment vide order Dt. 14.02.2014 and posted at Kota Depot, although, it was subject to verification of original testimonials but what was to be examined was the original testimonials mentioned by him at the time of filling the application form on-line but this being the usual practice that at any stage objection could be raised and selection can be annulled by the respondent-Corporation as in the instant case vide order Dt. 20.03.2014 and submits that rejection of his candidature is based on complete non-application of mind and the fact is that no one in office of the Corporation wants to look into the qualification of the candidates who are higher qualified than what is being desired under the advertisement. 14. 20.03.2014 and submits that rejection of his candidature is based on complete non-application of mind and the fact is that no one in office of the Corporation wants to look into the qualification of the candidates who are higher qualified than what is being desired under the advertisement. 14. Reply has been filed by the respondent-Corporation but regarding eligibility what has been pleaded in para-10 of the reply is nothing but complete reiteration of what was expressed by the respondent-Corporation in the earlier round of litigation and it is stated that at the stage of verification of original documents of the petitioner, number of deficiencies were pointed out and he was not fulfilling the eligibility & qualification and is not holding Degree in Economics, Mathematics, Statistics, Commerce or Science (with Maths) and 'O' Level certificate, which according to the respondents holds him ineligible for the post of Computer for which he had participated in the selection process pursuant to the advertisement Dt. 24.06.2013. 15. I have heard the petitioner in person & counsel for the respondents and with their assistance examined the material on record. 16. Before this court may proceed to examine the controversy raised in the instant proceedings, it will be appropriate to take note of the scheme of Rules. 17. Earlier the post of Computer was filled by direct recruitment through open selection or amongst employees of the Corporation having computer knowledge with Higher Secondary or three years service in the Corporation with computer knowledge were eligible for the post of Computer. 18. Later on amendment was made vide Notification Dt. 14.06.2013. 17. Earlier the post of Computer was filled by direct recruitment through open selection or amongst employees of the Corporation having computer knowledge with Higher Secondary or three years service in the Corporation with computer knowledge were eligible for the post of Computer. 18. Later on amendment was made vide Notification Dt. 14.06.2013. The earlier eligibility & experience for direct recruitment and the present qualification for direct recruitment which is introduced after the amendment of 2013 being relevant for the present purpose is quoted ad infra:- Ø-la Ikn uke HkrhZ dh iz.kkyh orZeku esa lh/kh HkrhZ gsrq ;ksX;rk ,oa vuqHko izLrkfor lh/kh HkrhZ gsrq ;ksX;rk inksUufr gsrq ik=rk lh/kh HkrhZ gsrq vf/kdre vk;q iwoZ osrueku o"kZ 1989 la’kksf/kr osrueku o"kZ 2006 jafux is&os.M ,oa xzsM is 9 42- lax.kd 100 izfr'kr lh/kh HkrhZ 1 fdlh ekU;rk izkIr fo’ofo|ky; ls lkaf[;dh] vFkZ’kkL=] xf.kr] okf.kT;] vFkok foKku vFkok d`f"k fo"k; es Lukrd mikf/k vFkok Hkkjrh; lkaf[;dh laLFkku dydrk ls ,&ch&lh izek.k i= ikVZ&k vFkok jk"Vªh; xzkeh.k mPp v/;;u ifj"kn ¼us’kuy dkSflay vkQ :jy gk;j ,twds’ku½ }kjk iznÙk mDr fo"k;ksa esa ls fdlh ,d fo"k; esa U;wure 55% vadks lfgr fMIyksek 2- dEI;wVj mi;ksx dh tkudkjh vfuok;Z fVIi.kh&gkj lSds.Mjh ,oa rhu o"kZ dh fu;fer fuxe lsok rFkk dEI;wVj mi;ksx tkudkjh okys fuxe deZpkjh Hkh fu;qfDr ds ik= gksxsaA 1&fdlh ekU;rk izkIr fo’ofo|ky; ls lkaf[;dh ]vFkZ’kkL=] xf.kr] okf.kT; vFkok foKku ¼xf.kr fo"k; ds lkFk½ esa Lukrd fMxzh 2&dEIwVj esa vks&ysoy izek.k i= 3- “The candidate declared successful in the written examination will also be required to make entries on computer with the speed of 5000 key depression per hour in a separate departmental practical test.” 35 o"kZ 1200& 2050 5200&20200 2400@& 19. Apart from qualification which has been prescribed for direct recruitment for the post of Computer, the Corporation in its meeting held on 25.06.2010 framed separate Rules for Compassionate Appointment Rules, 2010 and amendment was made for appointment under the Compassionate Appointment Rules vide Notification Dt. 06.08.2013 and in furtherance thereto appointments are made on the post of Computer of dependents of deceased employee by various orders & most of them are holding the qualification of Bachelor in Computer Application (BCA). The particulars of such compassionate appointments are ad infra:- S. No. Name of dependent of deceased employee Date of Appointment Qualification 1 Gaurav Suthar S/O Late Sh. Gopaldas Suthar 04.10.2013 BCA 2 Basant Kumar Jangid S/o Late Sh. The particulars of such compassionate appointments are ad infra:- S. No. Name of dependent of deceased employee Date of Appointment Qualification 1 Gaurav Suthar S/O Late Sh. Gopaldas Suthar 04.10.2013 BCA 2 Basant Kumar Jangid S/o Late Sh. Nanulal Jangid 19.12.2013 BCA 3 Jaiprakash Mobiya S/o Late Sh. Kanhaiya Lal Mobiya 03.08.2015 BCA & MCA (Pursuing) 4 Nitesh Kumar Sharma S/o Late Sh. Chhaganlal Sharma 01.12.2015 BCA, MCA 5 Manoj Kumar Jat S/o Late Sh. Ramchandra Jat 06.01.2016 BCA 20. All the above information has been obtained by the petitioner under the Right to Information Act, 2005 from the respondent-Corporation. 21. 26 posts of Computer came to be advertised initially by the respondents vide its Notification Dt. 24.06.2013 and the candidates who intended to participate in the selection process filled their application forms on-line and the recruiting authority after examining the suitability of the incumbents permitted to participate in the written examination followed with other test prescribed under the scheme of Rules and against 26 vacancies, 23 persons were found suitable and were offered appointment vide order Dt. 14.02.2014 and the petitioner's name find place at S. No. 5 in the order of merit and he was posted at Kota Depot but to his dismay at the time of verification of original testimonials, it was opined that he is not holding the requisite qualification & in consequence whereof without any opportunity being afforded to him, his appointment was cancelled vide order Dt. 20.03.2014 and the petitioner thereafter is running from pillar to post to justify his eligibility for the post of Computer. It is like that when the requirement for the post is Diploma in Civil/Mechanical/Electrical and the candidate is Degree holder in Civil/Mechanical/Electrical and the recruiting authority is all the time harping upon saying that the requirement for the post is Diploma and since the candidate is having Degree in the subject is ineligible which on the face of it is fallacious. 22. If the requirement provided under the Rules is that a candidate who is holding degree of graduation in Statistics, Economics, Mathematics, Commerce or Science (Maths) with 'O' Level certificate of Computers is eligible for the post of Computer, this court finds no reason in holding that who is B.E. (Computer) ineligible for the post of Computer and the view of this court is further strengthen by the order Dt. 11.05.2016 passed by the coordinate Bench of this court in the earlier round of litigation that no reasoning is coming forward in not treating the degree of B.E. (Computer) which in the normal understanding inherently presupposes the fundamentals of Mathematics and when the degree of Mathematics or Science with Maths is treated to be a qualification, there is no reasoning put forth for declining the degree of B.E. (Computer) ineligible but as the coordinate Bench of this Court was reluctant to go ahead in directing the respondent-Corporation to consider the petitioner for appointment and left for the respondents to revisit the matter & pass a reasoned & speaking order regarding his eligibility and as usual no one in the respondent-Corporation took responsibility on his shoulders while re-visiting the matter in compliance of order of the coordinate Bench Dt. 11.05.2016 what was earlier expressed by the respondent-Corporation for cancellation of his appointment vide order Dt. 20.03.2014 and stated by the respondent in their counter affidavit, the same has been reiterated as verbatim by the respondent-Corporation while rejecting his representation submitted under the directions of the Court Dt. 11.05.2016 in S.B. Civil Writ Petition No. 4219/2014 and rejected his representation vide order Dt. 27.07.2016. 23. This kind of practice adopted by the respondent in dealing & re-visiting the matter independently with openness is completely eroded by passage of time and even in this case after the coordinate Bench of this court in its order Dt. 11.05.2016 left nothing and expressed its view about the qualification possess by the petitioner, left it open to the respondent-Corporation to re-consider the matter and pass reasoned & speaking order but no one paid heed to the representation and rejected mechanically and left the person in lurch with the opportunity to ventilate his grievance if it is found within the parameters of law but the underlined fact is, the Corporation is not ready to listen him with openness. 24. 24. It is no doubt true that what should be the qualification for the post is completely within the domain of the employer and unless the person affected demonstrates with documentary evidence to support that the qualification prescribed for the post in question has no nexus at all or the qualification prescribed is wholly absurd, the question may be open for this court to consider within the limited scope of judicial review but in the given facts & circumstances, where the requirement laid down by the recruiting authority that holder of Degree in the subject Statistics, Economics, Mathematics, Commerce or Science (Maths) with 'O' Level certificate is the benchmark, this court finds no reason as to why a candidate like petitioner who is better qualified and B.E.(Computer) is not meeting out the eligibility requirement introduced after the amendment of 2013 and this is something which is not acceptable to a man of ordinary prudence. 25. On scrutiny of records, this court is of the view that the respondent-Corporation has not cared to examine the eligibility & qualification of the petitioner in compliance of order of the coordinate Bench Dt. 11.05.2016 and there is a complete non-application of mind in rejecting his candidature after he was finally selected & appointed vide order Dt. 20.03.2014 followed with consequential rejection of his representation vide order Dt. 27.07.2016. At the same time, the Corporation in its wisdom has put two separate qualifications for the post of Computer. For open selection, the qualification as laid down by the amendment Notification Dt. 14.06.2013, of which a detailed reference has been made at the same time for compassionate appointment candidate with degree in Computer Applications (BCA) (3 years) is eligible but B.E. (Computer) (4 years) is not eligible for the post of Computer. 26. For open selection, the qualification as laid down by the amendment Notification Dt. 14.06.2013, of which a detailed reference has been made at the same time for compassionate appointment candidate with degree in Computer Applications (BCA) (3 years) is eligible but B.E. (Computer) (4 years) is not eligible for the post of Computer. 26. This court is not able to persuade as to why a person with higher qualification of B.E.(Computer) is ineligible for the post of Computer vis-à-vis that of BCA but as already observed it is the normal practice the process which is initiated is so mechanical where everyone has to rush to the court for redressal of his legitimate grievance which can easily be ventilated at their own end and this is the reason, since no one in the present scenario is ready to take responsibility on his shoulders, rejection of representation under directions of this court is imperative and present is the instance where the petitioner is running from pillar to post to satisfy that his qualification is higher in comparison to what is expected for the post in question but no one is ready to listen and the authorities have turned down his request with deaf ears on the premise that the requirement for the post in question lays down the holder of degree in the subject Statistics, Economics, Mathematics, Commerce or Science (Maths) with 'O' Level certificate and a person hold B.E.(Computer) may be above the benchmark but not ready to take decision of holding higher qualifications than desirable is eligible to participate in the process of selection. 27. This is how mechanically the fate of an individual seeking public employment is being dealt with by the authorities with no sensitivity and the petitioner after succeeded in getting appointment vide order Dt. 14.02.2014 for full three years is unable to convince the authority that he is eligible and to expect that someone will come to his rescue and do justice with him. This court is firm & clear in its view that rejection of his candidature in holding him ineligible vide order Dt. 20.03.2014 and consequential order of rejection of his representation Dt. 27.07.2016 are completely with non-application of mind and arbitrary exercise of power of the respondent-Corporation, which cannot be countenanced by the court. 28. Consequently, the writ petition succeeds & is hereby allowed. The orders Dt. 20.03.2014 and consequential order of rejection of his representation Dt. 27.07.2016 are completely with non-application of mind and arbitrary exercise of power of the respondent-Corporation, which cannot be countenanced by the court. 28. Consequently, the writ petition succeeds & is hereby allowed. The orders Dt. 23.03.2014 & 27.07.2016 are quashed & set aside and the respondent-Corporation is directed to permit the petitioner to join on the post of Computer pursuant to order of appointment Dt. 14.02.2014 and as he has not worked for the intervening period, he will be entitled for notional fixation of pay and not the actual salary for the intervening period for which he has not discharged his duties. Necessary compliance be made by the respondent-Corporation within four weeks. No costs.