2016 (8) TMI 1479 - HC - Indian Laws

Eligibility to be considered for appointment to the post of Computer - appellant was initially declared entitled for counselling but later on she was declared disqualified being lacking requisite qualificational eligibility - HELD THAT - The petitioner has placed on record a letter dated 30.5.2013 issued by the competent authority of the Government of Rajasthan declaring the certificate of RS-CIT equivalent to the qualification of the degree/diploma issued by a university established by law or an institution recognised by the Government of Rajasthan in the subjects of Computer Science/Computer Application/Information Technology. Though a sur-rejoinder was filed on behalf of the State of Rajasthan but nothing has been said about equivalence given under the letter dated 30.5.2013 - In light of the letter dated 30.5.2013 we are of the view that the petitioner is eligible to be considered for appointment to the post of Computer as per the Rules of 1971 being having a degree in Computer Science from a university established by law. The petitioner is declared entitled to be considered for appointment to the post of Computer under the Rajasthan Statistical Subordinate Service Rules 1971 - petition allowed.

Summary

The Rajasthan High Court considered a case where the petitioner applied for the post of Computer under the Rajasthan Statistical Subordinate Service Rules, 1971. The petitioner possessed qualifications higher than those prescribed under the rules, leading to the rejection of her candidature by the respondents. The main issue before the Court was whether the petitioner's qualifications were equivalent to those required under the Rules of 1971.The petitioner argued that her qualifications exceeded the prescribed requirements, making her eligible for the position. On the other hand, the respondents contended that the petitioner's qualifications did not meet the criteria specified in the Rules, justifying the rejection of her candidature.In response to the petitioner's claims, a letter dated 30.5.2013 was submitted, issued by the competent authority of the Government of Rajasthan, declaring the certificate of RS-CIT equivalent to the qualifications of a degree/diploma in Computer Science/Computer Application/Information Technology.The Court considered the letter dated 30.5.2013 and concluded that the petitioner's qualifications were indeed eligible for consideration under the Rules of 1971, as she held a degree in Computer Science from a university established by law. Therefore, the Court allowed the writ petition, declaring the petitioner entitled to be considered for the appointment to the post of Computer under the Rajasthan Statistical Subordinate Service Rules, 1971. The respondents were directed to reconsider the petitioner's candidature for the position and, if found eligible, to appoint her with all consequential benefits, except for the actual payment of salary and other monetary benefits.In summary, the Court ruled in favor of the petitioner, finding her qualifications to be equivalent to those required under the Rules of 1971, thereby entitling her to be considered for the position of Computer.