Vinod Kumar S/o Shri. Mohan Lal v. State of Rajasthan
2017-12-01
PUSHPENDRA SINGH BHATI
body2017
DigiLaw.ai
ORDER : PUSHPENDRA SINGH BHATI, J. 1. The petitioners have preferred this writ petition under Article 226 of the Constitution of India with following prayers: “(a) that the order Annexure.P/15 dated 1.09.2017 may kindly be quashed ans set aside qua the petitioners with all consequential benefits by considering them for appointments as LDC. (b) the order dated 9.06.2017, Annexure.P/11 and Annexure.P/12, dated 4.08.2017 may kindly be quashed and set aside and the respondents may kindly be directed to consider the candidature of the petitioners and to appoint on the post of LDC pursuant to appoint on the post of LDC pursuant to the advertisement Annesure.P/6 on the basis of diploma held by them. (c) that the respondents may kindly be further directed to provide appointment to the petitioners on the post of LDC with all consequential benefits from the dates when similar situated person have been given appointment. (d) any other appropriate writ, order or direction which this Hon'ble Court deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners. (e) writ petition filed by the petitioners may kindly be allowed with cost.” 2. This Hon'ble Court has passed an interim order dated 14.09.2017, which reads as follows: “Heard learned counsel for the petitioners and perused the material available on record. Issue notice. Issue notice of the stay application also. Mr. Manish Patel, learned Government Counsel, who usually appears for the Department of Panchayati Raj, is directed to accept the notices on behalf of the respondents. He prays for some time to complete his instructions. List the matter on 09.10.2017 In the meanwhile, two posts of Lower Division Clerk (LDC) in the petitioners' category shall be kept vacant, if the same has not been filled and/or if the selection list has been finalized, so far. 3. Learned counsel for the petitioners states that the matter pertains to the same LDC recruitment vide advertisement dated 14.02.2013 in the same certificate in Diploma in Computer Application from Eastern Institute for Integrated Learning in Management University, Sikkim. 4.
3. Learned counsel for the petitioners states that the matter pertains to the same LDC recruitment vide advertisement dated 14.02.2013 in the same certificate in Diploma in Computer Application from Eastern Institute for Integrated Learning in Management University, Sikkim. 4. Both the counsels agreed that the matter is identically covered by the earlier decision of this Hon'ble Court in S.B Civil Writ Petition No. 7072/2014, and the order reads as under: “Though the matter is listed for admission, looking to the nature of the controversy and with the consent of both the parties, the matter is being finally decided. Undisputed facts of the present case are that pursuant to the advertisement dated 14.02.2013 for recruitment on the post of Lower Division Clerk while, submitting his application form, the petitioner did not have his eligibility certificate i.e diploma in Computer Application, which he had obtained from Eastern Institute For Integrated Learning in Management. Subsequent thereto, the respondents issued a press note dated 02.07.2013, which was duly published in Daily News-paper Rajasthan Patrika’ on 03.07.2017, calling upon all the candidates to furnish their certificates/proof of Computer eligibility in the office on or before 12.07.2013 Pursuant to which, though the petitioner had submitted original certificate of Diploma in Computer from EIILM, Sikkim University on 05.07.2013, yet, he has neither been offered appointment, nor has he been called to participate in the process of selection, despite having high merit position. Mr. Parvez, associate of Mr. Rajesh Panwar, AAG submitted that since the petitioner did not produce his proof of diploma in Computer Application, at the time of document verification, he is not entitled to claim appointment. He however, did not dispute the factual position of publication of press note dated 03.07.2017 and petitioner's submitting application in pursuant thereof on 05.07.2017 In view of the aforesaid undisputed factual back-rop, the action of respondents in not considering the petitioner's candidature is per-se illegal. In view of above, the writ petition is allowed. Respondents are directed to consider petitioner's diploma certificate in Computer Application, which has been obtained from EIILM University of Sikkim in the year 2010-2011. Needless to observe that if the respondents find that the diploma pursued by the petitioner is valid and recognized, he shall be provided appointment. If the same is not found valid and recognized, the respondents shall be free to pass appropriate orders, while forwarding a copy to the petitioner.
Needless to observe that if the respondents find that the diploma pursued by the petitioner is valid and recognized, he shall be provided appointment. If the same is not found valid and recognized, the respondents shall be free to pass appropriate orders, while forwarding a copy to the petitioner. Needful be done on or before 30.11.2017 Petitioner shall send a certified copy of this order to respondent No. 3 on or before 15.11.2017 Petition allowed. 5. The present petition is allowed on the same terms. 6. Needless to observe that if the respondents find that the diploma pursued by the petitioner is valid and recognized, he shall be provided appointment. If the same is not found valid and recognized, the respondents shall be free to pass appropriate orders, while forwarding a copy to the petitioner. 7. Needful be done on or before 30.12.2017 Petitioner shall send a certified copy of this order to respondents No. 3 on or before 5.12.2017