SUKHENDRA PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of instant writ petition under Article 226 of the Constitution of India, petitioner has laid a challenge to rejection of his candidature for appointment on the post of LDC pursuant to Recruitment of 2013 and has prayed to direct respondents to accord him appointment on the post of LDC-2013 with all notional benefits.

(2.) In the writ petition, petitioner has pleaded that pursuant to advertisement of 2013 issued by the Panchayati Raj Department; he applied for appointment on the post of LDC in the SC category before the Zila Parishad, Sikar, petitioner was called for documents verification and according to his mark-sheet of Polytechnic diploma (Civil) of year 2010 and on the basis of his experience certificate dtd. 25/3/2013, petitioner scored 65.72 marks; in the provisional merit list dtd. 14/9/2022 for appointment on the post of LDC in Zila Parishad Sikar, the last cut off marks for candidates of SC category is shown as 59.22 marks, however, petitioner was not selected, therefore, he submitted objections before respondent No.2, then he came to know that his certificate of Polytechnic diploma (Civil) has not been treated as equivalent qualification to the Senior Secondary and as such on this count, his candidature has been rejected.

(3.) Learned counsel for petitioner submits that respondents have adopted a criteria to prepare the merit list of candidates as per Rule 273 of the Rajasthan Panchayati Raj Rules, 1996, as amended vide notification dtd. 29/1/2013. Out of 100 marks, 70% marks were fixed for Senior Secondary or its equivalent examination and 30% marks for experience acquired by candidate in MGNREGA or any other scheme of Department of Rural Development and Panchayati Raj in the State. (10 marks for experience exceeding one year and maximum 30 marks for experience of 3 years or above). Learned counsel for petitioner submits that the Government of Rajasthan, Education (Group 6) Department, has issued an order dtd. 12/10/2015 whereby any course of 3 years of Polytechnic Diploma, undertaken by a candidate from any Polytechnic College recognized by All India Council for Technical Education, has been declared to be equivalent to educational qualification of Class 12th and such order has been followed by the Board of Secondary Education, Rajasthan, Ajmer vide office order dtd. 14/3/2016. Therefore, it has been argued that on the basis of such orders/circulars, the petitioner's certificate of Polytechnic Diploma (Civil) should have been treated as equivalent qualification to the Senior Secondary and 70% of marks for the mark-sheet of Polytechnic Diploma (Civil), be counted to the credit of petitioner. It has further been submitted that petitioner has gained experience of 2 years 1 month and 28 days, in Jalgrahn Vikas Yojana (IWMP) at Panchayat Samiti Baap, Zila Parishad Jodhpur, for which certificate of experience dtd. 25/3/2013 was issued, which is duly countersigned by the Chief Executive Officer of Zila Parishad Jodhpur, therefore, he is entitled for 20 marks for his experience. Thus petitioner secures total marks 65.72 and stands higher in merit in SC category of Zila Parishad, Sikar where the last cut off is 59.22 marks only, as such petitioner is eligible and entitled for appointment on the post of LDC on merits. It has been submitted that the action of respondents, rejecting the candidature of petitioner is arbitrary and illegal, therefore, respondents be directed to accord appointment to the petitioner with all consequential benefits. Petitioner has placed on record, his markssheet of Polytechnic Engineering (Civil) as Annexure-1. Certificate of experience dtd. 25/3/2013 as Annexure-2, orders dtd. 12/10/2015 and 14/3/2016 as Annexures 3 and 4.