LOKESH KUMAR GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner's candidature for appointment on the post of LDC was rejected and communicated vide order dated 26 th February, 2014 on the ground that he did not have RS-CIT Certificate to his credit. The rejection order was not challenged by the petitioner and the petitioner contends that the letter was never received to him.

(2.) Learned counsel for the petitioner submits that in terms of the order passed in the case of Vijay Singh & Others Versus State of Rajasthan & Others SBCWP No.13938/2016 and connected petitions decided on 16th May, 2017, those candidates who had acquired the qualification of RS-CIT upto the date of appearing in the examination would be eligible. However, it is a case of the petitioner that he has not required the RS-CIT qualification but he had computer science as a subject in senior secondary and was therefore required to be considered as eligible for the purpose of consideration for appointment on the post of LDC. Learned counsel relies on the notification issued on 14 th March, 2016, which provides for the candidate to be eligible for consideration, if he has computer science as a subject at the senior secondary level. Learned counsel submits that the petitioner's candidature has therefore wrongly been rejected and further he submits that he ought to be considered for appointment as LDC as he is much higher in the merit than those who have been given appointment. Learned counsel submits that LDC selections which were conducted through the RPSC Combined Competitive Examination 2011 have been continued after the revised result was declared in 2017.

(3.) Per contra, learned counsel appearing for the RPSC submits that the ratio of the judgment passed in the case of Vijay Singh (supra), which declared similarly situated persons as eligible for appointment would not apply to the facts of the present case as the notification which was issued amending qualification was in 2016 while the selection process relates to the year 2011. Learned counsel further submits that selection process was completed as the result was declared in 2017 and the appointments have also been given to the selected candidates.