VED PRAKASH SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) In all the connected writ petitions common questions relate to having one year Computer Diploma course from the Institute run by a registered/recognized/affiliated with the University recognized by the UGC as required under the eligibility criteria for Patwari Selection Examination of year 2008, along with the issue of necessity of registration in Employment Exchange of the concerned District within the time as prescribed in the advertisement are involved. The petitioners have appeared in the Patwari Selection Examination 2008 conducted as per the Rules known as Bhu Abhilekh Evam Bandobast, Rajasva Vibhag Ke Antargat Patwari Ke Samanya Evam Backlog Bharti Ke Pad Hetu Chayan Pariksha - 2008 (hereinafter referred to as the Rules of 2008'). The petitioners have been selected in the examination conducted by the Professional Examination Board, and sent the selection list to the respective districts commensurate to available vacancies. On receiving the list and at the time of counselling, even on found place in the merit list their candidature were rejected denying them to send for Patwari training on the pretext that the diploma certificate obtained by them from Barkatullah Vishwavidyalaya, Bhopal (M.P.) or Bhoj University, Bhopal (M.P.) or Makhanlal Chaturvedi Vishwavidyalaya Bhopal (M.P.) or Chhattisgarh University Raipur, or Dr. C.V. Raman University Bilaspur or University of Technical Science Raipur (Chhattisgarh) or Doon International University Raipur (Chhattisgarh) cannot be accepted for want of affiliation/registration/recognition by the UGC. Some of the petitioners have not been included in the said list because of non- availability of the employment exchange registration, in the concerned district. Being aggrieved by the communication Annexure P/1 dated 15.1.2010 or to deny the selection on the said pretext the petitioners have come before this Court seeking relief to quash such communication and to direct, the registration in employment exchange is not necessarily required, however, the petitioners may be held entitled to send for Patwari training in lieu of their selection the Patwari Examination 2008.

(2.) In the cases, wherein the certificates of aforementioned Universities have not been accepted the facts are taken from W.P. No. 841/2010 (S) while in the cases wherein the petitioners have been denied the selection due to non- availability of the employment exchange registration the facts are taken from W.P. No. 648/2010 (S).

(3.) It is the case of the petitioners that they have passed the Diploma/Post Graduate Diploma in Computer Application from the recognized Universities like Barkatullah Vishwavidyalaya, Bhopal (M.P.), Bhoj University, Bhopal (M.P.), Makhanlal Chaturvedi Vishwavidyalaya Bhopal (M.P.), Chhattisgarh University Raipur, Dr. C.V. Raman University Bilaspur, University of Technical Science Raipur (Chhattisgarh) and Doon International University Raipur (Chhattisgarh) and those are valid for their appointment on the post of Patwari as recognized by the UGC. It is said that in Writ Petition No. 1283/2010 (S) dated 11-2-2010 the Indore Bench of this Court has decided the said issue and held that the computer Diploma Certificate obtained from Dr. C.V. Raman University, Bilaspur is recognized. In such a circumstance the letter Annexure P/1 as issued by the respondents of not having recognition/registered/affiliated with the University recognized by the UGC of the aforesaid Universities is arbitrary, hence, it is liable to be quashed. Referring the document Annexure P/4 it is contended that all the aforementioned Universities have been established or incorporated by or under the Central Act, Provincial Act or State Act and having powers under Section 22 of the UGC Act to grant degrees. However, the refusal of inclusion of the name of the petitioners in the merit list/selection panel by the district authorities at the time of counselling to the said pretext is unsustainable in law. Therefore, the order impugned is liable to be quashed and the respondents be directed to accept the certificates issued by the aforementioned Universities as recognized by the UGC, and appropriate direction to send them for Patwari training may be issued.