SATYA NARAYAN SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have challenged the vires of the Rajasthan Educational (State and Subordinate) Service Rules, 2021 (hereinafter to be referred as 'the said Rules') which came to be amended vide Rajasthan Educational (State and Subordinate) Service (Amendment) Rules, 2022 (hereinafter to be referred as 'the amendment Rules') to the extent these Rules prescribe minimum educational qualifications for eligibility for direct recruitment to the post of basic computer instructor.

(2.) The petitioners hold three years diploma in computer science. By virtue of the said Rules as amended by the amendment Rules, the post of basic computer instructor is to be filled up through direct recruitment. To be eligible, a candidate must satisfy the following educational criteria:- 2 Basic Computer Instructor100% - Graduate and 'A' Level/PGDCA (Minimum one year) Or

(3.) The short contention of the petitioners is that exclusion of three years diploma in computer science from the list of eligibility criteria contained in the said Rules for the post in question is arbitrary and discriminatory. This ground the petitioners seek to make good by pointing out that for the post of computer programming assistant, the State recognizes the said qualification as essential eligibility. According to the petitioners nature of duties and responsibilities in both cases being identical, exclusion of this qualification for the purpose of recruitment to the post of basic computer instructor amounts to discrimination.