HIGH COURT OF RAJASTHAN
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(1.)The writ petition was taken up for final hearing with the consent of the learned counsel. The petitioner applied to the Rajasthan Public Service Commission, Ajmer (hereinafter called 'the 'Commission') for appearing at the examination for R. A. S. and other allied services. The petitioner's form was accepted and the petitioner appeared at the written-test and also at the interview conducted by the Commission. The petitioner was also selected and the Commission recommended the name of the petitioner to the State Government for appointment to the R. A. S. Thereafter, the petitioner was asked by the Commission by the letter dt. Nov. 11, 1983 to furnish the M. B. A. Degree and its true copy within 20 days. The petitioner submitted that M. B. A. Degree has not been received by him from the University of Jodhpur, but the marks-sheet of the M. B. A. Final Examination 1982 of the University of Jodhpur showing that the petitioner passed in the First Division had already been submitted by him to the Commission. Then on Feb. 14, 1984 the Commission informed the petitioner that as he did not furnish the requisit documents according to its letter dt. Nov. 11, 1983, the result of the petitioner was cancelled and the recommendation made by the Commission to the State Government was also withdrawn. The present writ petition has been filed against the aforesaid order of the Commission dt. Feb. 14, 1984.
(2.)The petitioner's case is that he had obtained a B.Sc. Degree from the University of Jodhpur in the year 1978 in the First Division and thereafter he passed the M. B. A. Examination of the University of Jodhpur in the year 1983 also in the First Division. According the petitioner, the marks-sheets of both the examinations as also the B. Sc. degree have already been furnished by the petitioner to the commission. The minimum qualification for admission to the R. A. S. and other allied services Examinations 1982 was a bachelor's degree in Arts, Science, Agriculture, Commerce, Engineering or a degree in Technology. As the petitioner was already possessed of a B.Sc. degree of the University of Jodhpur, he fulfilled the minimum qualification prescribed for appearing at the entrance examination for R. A. S. and other allied services. The M. B. A. degree was obtained by the petitioner by way of additional qualification. The petitioner informed the Commission that M. B. A. degree has not been received by him from the University of Jodhpur and he has already sent a statement of marks obtained by him in the M. B. A. examination.
(3.)If it be held that the production of the degree and its copy was obsolutely necessary, then it must be pointed out that obtaining of M. B. A. degree by the petitioner was only by way of an additional qualification and as the petitioner already fulfilled the minimum qualification prescribed for the examination, namely a bachelor's degree in Science, Arts, Agriculture, Commerce or Engineering, there is no reason for the Commission to cancel the petitioner's examination and withdraw the recommendation made by it to the State Government for his appointment to the R.A.S. The petitioner fulfilled the minimum qualification and after he was duly selected by the Commission and as his name appeared in the merit list, there is no reason for the Commission to cancel the petitioner's candidature and withdraw the recommendation made by it to the State Government.
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