NILESH SHUKLA Vs. STATE OF M P

JUDGEMENT

(1.) Regard being had to the commonality of controversy involved in this batch of writ petitions, it was heard analogously and is disposed of by a singular order. For the sake of convenience the facts in W.P.No.8419/2009 are uncurtained herein.

(2.) The M.P. Professional Examination Board (VYAPAM) issued an advertisement on 5-6-2008 inviting applications for appointment of "patwaris' in respect of 2194 posts. The advertisement postulated the requisite qualifications meant for 'Patwaris' Examination. It provided number of posts to be filled up district-wise and relaxation to be extended as regards the age as per the General Administration Department and the selection process, domicile certificate, registration in the Employment Exchange and various other aspects. With regard to the educational qualifications (clause 1.8 of Chapter I of the Advertisement laid a postulate to the effect that the candidate must have passed Higher Secondary or High School (10+2) Examination and must also possess '0' level certification from DOEACC/IETE or 1 year Diploma in Computer Application (DCA) from an institute affiliated/registered/recognized by a University which should have been recognised by University Grants Commission (UGC), or higher education in Computer.

(3.) It is contended that the petitioners have the requisite qualifications inasmuch as they have passed Higher Secondary School Examination and hold DCA from an institute affiliated to a University. The petitioners No. 1 to 5 hold DCA certificate and the petitioners No.5 and 6 hold PGDCA certificate issued by the Rajeev Gandhi Computer Saksharta Mission and Sarva Computer Saksharta Mission, respondents No.5 and 6 respectively. The certificates evidencing the qualifications of the petitioners have been brought on record cumulatively as Annexure-P/2. It is urged that the petitioners have higher education in computer and hence, they are fully eligible to be appointed as 'patwaris'. Documents have been brought on record to show that the respondents No.5 and 6 are affiliated to the University, namely, Maharshi Mahesh Yogi Vedic Vishwavidyalaya [for short 'the University'] which is recognized by the UGC. It is put forth that earlier, candidates possessing DCA from the said institutes were held to be eligible and appointed to the post of 'Patwari'.