2017 (5) TMI 1711 - 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 eligibility criteria for the post of Computer under the Rajasthan Statistical Subordinate Service Rules, 1971.
2. Consideration of equivalence of qualifications as per the letter dated 30.5.2013 issued by the competent authority of the Government of Rajasthan.
3. Petitioner's eligibility for appointment to the post of Computer based on possessing a degree in Computer Science from a university established by law.

Analysis:
1. The judgment dealt with the interpretation of educational eligibility criteria for the post of Computer under the Rajasthan Statistical Subordinate Service Rules, 1971. The petitioner, possessing a Bachelor's Degree in Science for Computer, Mathematics, and Statistics, along with a Master's Degree in Statistics, applied for the post. The issue arose when the petitioner was declared disqualified for lacking the requisite qualification of a Certificate of RS-CIT course. The petitioner argued that her qualifications exceeded the prescribed criteria, while the respondents contended that her qualifications did not meet the specified requirements. The court, considering the petitioner's qualifications and the letter dated 30.5.2013 declaring the RS-CIT certificate equivalent to a degree in Computer Science, ruled in favor of the petitioner's eligibility.

2. The judgment also addressed the consideration of equivalence of qualifications as per the letter dated 30.5.2013 issued by the competent authority of the Government of Rajasthan. The letter declared the RS-CIT certificate equivalent to a degree in Computer Science from a university established by law. Despite a sur-rejoinder filed by the State of Rajasthan, the equivalence mentioned in the letter was not disputed. This played a crucial role in determining the petitioner's eligibility for the post of Computer under the Rules of 1971.

3. Lastly, the judgment focused on the petitioner's eligibility for appointment to the post of Computer based on possessing a degree in Computer Science from a university established by law. The court, relying on the order dated 30.5.2013 and considering the petitioner's qualifications, declared her entitled to be considered for the appointment. The respondents were directed to reconsider the petitioner's candidature for the post of Computer and proceed with the selection process initiated under the notification/advertisement dated 19.6.2013, provided she met all other eligibility criteria. The judgment emphasized granting appointment to the petitioner with all consequential benefits, excluding the immediate payment of salary and monetary benefits.

In conclusion, the judgment clarified the educational eligibility criteria, considered the equivalence of qualifications as per the official letter, and affirmed the petitioner's entitlement to be considered for the post of Computer based on possessing a degree in Computer Science from a recognized university.