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2018 (8) TMI 1921 - HC - Indian LawsRecruitment on the post of LDC in pursuance of advertisement of the year 2013 - limited argument made by learned counsel for the petitioner is that the petitioner s candidature should be considered as having qualified the computer qualification as he was having Degree with one of the subject of Computer Application - HELD THAT - This Court is of the opinion that the law laid down by this Court in SHIVOM GUPTA VERSUS STATE OF RAJ AND ANR 2017 (5) TMI 1711 - RAJASTHAN HIGH COURT clearly indicate that a person having qualification of Computer Application in graduation shall be entitled to be considered as qualified for the computer qualification or any Diploma or Computer Operator Programming Assistant (COPA) or Data Preparation and Computer Software (DPCS). The respondents are directed to consider candidature of the petitioner for appointment on the post of LDC in pursuance of advertisement of the year 2013 while treating him to be having a valid qualification of Computer Application obtained in Graduation and provide him appointment on the post of LDC if he is otherwise eligible and meritorious within a period of 60 days from today - Petition allowed.
Issues Involved:
1. Consideration of petitioner's candidature based on computer qualification for the post of LDC. 2. Interpretation of advertisement requirements for computer qualification. 3. Application of relevant case laws and judgments regarding computer qualification in graduation. 4. Examination of notifications and clarifications issued by the respondents regarding computer qualifications. 5. Decision on the petitioner's entitlement to appointment on the post of LDC. Analysis: Issue 1: Consideration of petitioner's candidature based on computer qualification for the post of LDC The petitioner sought relief for his candidature to be considered based on his Degree in Computer Application for the post of LDC. The petitioner argued that his qualification should fulfill the computer qualification requirement as per the advertisement. The petitioner relied on notifications and clarifications issued by the respondents to support his claim. Issue 2: Interpretation of advertisement requirements for computer qualification The respondent contested the petitioner's claim, stating that the advertisement specifically required a Diploma in Computer Operator & Programming Assistant (COPA) or Data Preparation and Computer Software (DPCS) as the computer qualification. The respondent emphasized the specific courses mentioned in the advertisement. Issue 3: Application of relevant case laws and judgments regarding computer qualification in graduation The court referred to various judgments, including Roopa Ram Meghwal, Pinal Singh Ranawat, Shivom Gupta, and Gajendra Singh, which established that a person with a Computer Application qualification in graduation should be considered qualified for computer-related positions. The court highlighted the importance of considering higher qualifications as valid qualifications. Issue 4: Examination of notifications and clarifications issued by the respondents regarding computer qualifications The court analyzed the notifications and clarifications issued by the respondents, which included a Degree in Computer Science as a valid qualification. The court noted that the subject of Computer in the degree could be optional, compulsory, or additional, as clarified in the order dated 11.7.2018. Issue 5: Decision on the petitioner's entitlement to appointment on the post of LDC After considering the arguments and precedents, the court ruled in favor of the petitioner. The court directed the respondents to consider the petitioner's candidature for appointment on the post of LDC, acknowledging his valid qualification in Computer Application obtained during graduation. The respondents were instructed to provide the petitioner with the appointment if he met other eligibility criteria within 60 days. This detailed analysis of the judgment provides a comprehensive understanding of the issues involved and the court's decision based on legal interpretations and precedents.
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