RAJESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The respondent-Department issued an advertisement no.01/2018 dated 20.02.2018 for the post of Computor in the Department of Statistics, Government of Rajasthan under The Rajasthan Statistical Subordinate Service Rules, 1971 (hereinafter 'the Rules of 1971'). Condition no.6 of the said advertisement related to eligibility and educational qualifications. It provided that the applicants for the post must be graduates with either mathematics, statistics or economics from the University established by law and so recognized. The further requirement of eligibility was that the candidates should have as detailed, a certificate/ diploma/ degree in computer science and computer application/ course from a recognized institution.

(2.) The petitioner's case is that having the requisite notified qualification set out in the advertisement dated 20.02.2018 he applied for the post of Computor in the category of OBC (Non Creamy) (Ex-Servicemen). So issued an admit card he wrote the examination held on 05.05.2018 result of which was declared on 22.06.2018. The petitioner was provisionally selected in the category applied for and required to present himself for verification of documents relating to his eligibility including educational/ professional qualifications. The petitioner submitted his degree in graduation as required and computer certificate dated 05.05.2018 from RSCIT evidencing his requisite qualifications. And even while the cut off for appointment to the post of Computor in the category of OBC (Non Creamy) (Ex- Servicemen) was 35.4008 marks, yet the petitioner belonging to the said category with over 37 marks was not included in the select list issued on 05.11.2018. The purported reason for the rejection of the petitioner's candidature lay in the respondent's assertion that he did not have the requisite RSCIT certificate for appointment on the post of Computor in the Department of Statistics before his writing the examination on 05.05.2018.

(3.) The case of the petitioner is that the proviso to Rule 11 of the Rules of 1971 relating to academic and technical qualifications and experience states that a person who has appeared or is appearing in the final examination of a course requisite for fulfilling the educational qualification requirement shall be eligible to apply for the post but proof of the requisite educational qualification having been acquired would have to be submitted before appearing in the written examination where the selection was based on such examination alone - as the selection to the post of Computor was. It has been submitted that the obvious requirement for a candidate having the eligibility for selection is thus that when the written examination takes place for selection to a post in the Rajasthan Statistical Subordinate Services the candidate should have the requisite qualifications. And the petitioner when he wrote the written examination for the post of Computor on 05.05.2018 had the requisite educational qualification being both a graduate as required and with a RSCIT certificate issued on 05.05.2018, also the day of the written examination.