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

Issues:
1. Interpretation of educational qualification requirements under the Rajasthan Statistical Subordinate Service Rules, 1971 for the post of Computer.
2. Rejection of petitioner's candidature based on educational qualification.
3. Equivalence of the petitioner's qualification to the prescribed qualification.
4. Judicial review of the decision to reject the petitioner's candidature.

Analysis:
1. The judgment revolves around the interpretation of the educational qualification requirements specified under the Rajasthan Statistical Subordinate Service Rules, 1971 for the post of Computer. The petitioner, possessing a Bachelor's Degree in Science with subjects of Computer, Mathematics, and Statistics, along with a Master's Degree in Statistics, believed she met the qualifications. However, the respondents rejected her candidature, leading to a legal challenge.

2. The petitioner contended that her qualifications exceeded the requirements set forth in the Rules of 1971, which mandated a Certificate of RS-CIT course or an equivalent certificate. On the contrary, the respondents argued that the petitioner's qualifications did not align with the prescribed criteria, justifying the rejection of her candidature.

3. In response to the rejection, the petitioner presented a letter dated 30.5.2013 from the Government of Rajasthan, declaring the RS-CIT certificate equivalent to a degree/diploma in Computer Science/Computer Application/Information Technology from a recognized institution. This equivalence was crucial in determining the eligibility of the petitioner for the position of Computer.

4. The Court, after considering the arguments and evidence presented, concluded that the petitioner's qualifications, including the degree in Computer Science from a university established by law, met the educational requirements specified in the Rules of 1971. Consequently, the Court allowed the writ petition, declaring the petitioner eligible for consideration for the post of Computer. The respondents were directed to reassess the petitioner's candidature for appointment, provided she met all other eligibility criteria, with instructions to grant her the associated benefits, excluding salary and monetary benefits.

In summary, the judgment delves into the interpretation of educational qualifications, the rejection of candidature based on those qualifications, the equivalence of the petitioner's credentials, and the subsequent judicial review leading to a favorable outcome for the petitioner in her pursuit of the appointment to the post of Computer under the Rajasthan Statistical Subordinate Service Rules, 1971.