- (1.) THE petitioner has laid this writ petition for seeking a direction of this Court to treat the qualifications of NCVT acquired by him in Information and Communication Technology at par with the qualifications prescribed by the respondents in the advertisement dated 14th February 2013 (Annex.1) for direct recruitment to the post of Lower Division Clerk. That apart, the petitioner has also sought ancillary reliefs in the petition.
(2.) FOR seeking the aforementioned reliefs, the petitioner has, inter-alia, averred in the writ petition that he was appointed in MNREGA project as Computer Operator with machine in Gram Panchayat Bhansole, District Udaipur and he is serving in the said capacity for last couple of years on contract basis. On issuance of advertisement for direct recruitment to the post of LDC vide Annex.1, being eligible for the job, he had applied by sending his application online. In the application, the petitioner has narrated his educational qualifications and has also mentioned the qualification of NCVT acquired by him. Thereafter, Zila Parishad, Udaipur issued provisional cut-off list on 19th of June 2013 and in the said list cut-off marks for OBC is shown as 66.9. As per the version of the petitioner, his marks are 69.5 and as such he stands in merit and deserves selection. According to the petitioner, despite these admitted facts, his candidature was not considered and other lessor meritorious incumbents were included in the select list. The petitioner has asserted with full emphasis that he is possessing requisite qualification prescribed in the advertisement and is also having three years experience to his credit for earning bonus marks prescribed in the advertisement. The learned counsel for the petitioner has argued that respondents have acted arbitrarily in rejecting his candidature inasmuch as the certificate of NCVT (Annex.4) clearly indicates that petitioner is having requisite qualification pertaining to computer education as prescribed in clause 5 of the advertisement. In the alternative, the learned counsel for the petitioner has contended that the qualifications, which the petitioner is possessing are liable to be treated at par with the qualification prescribed in the advertisement. With these submissions, the learned counsel for the petitioner has prayed for granting reliefs to the petitioner.
(3.) PER contra, the learned counsel for the respondents has urged that the petitioner is lacking the basic qualifications for the job prescribed in the advertisement Annex.1. Submission of the learned counsel for the respondents is that certificate Annex.4 pertains to Information and Communication Technology and as such the said qualification is having no nexus whatsoever with the qualifications prescribed in the advertisement. With these submissions, the learned counsel has urged that contention of the learned counsel for the petitioner that this qualification be treated at par with the prescribed qualification is wholly misplaced.;