YAMLAY KHAN Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2014-10-10
HIGH COURT OF RAJASTHAN
Decided on October 01,2014

Yamlay Khan Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

Vijay Bishnoi, J. - (1.) THE petitioners, who are having qualifications of Post Graduate Diploma in Rural Development and Social Works, working on the post of Manager SGSY in Swarn Jayanti Gram Rojgar Yojna and MGNREGA, have challenged the validity of the Notification dated 06.03.2013, whereby the State Government has introduced an amendment in the Rajasthan Rural Development and Panchayati Raj State and Subordinate Service Rules, 1998 (hereinafter after referred to as 'the Rules of 1998') prescribing qualifications for the purpose of appointment on the post of Assistant Programme Officer.
(2.) AS per the Rules of 1998, for the purpose of appointment on the post of Assistant Programme Officer, a person is required to hold a degree or diploma in Business Administration and other equivalent degrees and diplomas. The submission of the petitioners is that the action of the State Government of not including the qualification of degree or diploma in rural development and social work for the purpose of appointment on the post of Assistant Programme Officer is bad as the qualification prescribed under the Rules of 1998 for the purpose of appointment on the post of Assistant Programme Officer is discriminatory. The contention of the petitioners is to the effect that the degree or diploma in rural development and social work is equivalent to the degree or diploma in the Business Administration and, therefore, the qualification possessed by them i.e. degree or diploma in the rural development and social work be treated as equivalent to the degree and diploma in the Business Administration. It is also contended that while working as Manager SGSY and Assistant Programme Officer in the scheme of the State Government, the petitioners are discharging similar kind of duties as assigned to the Assistant Programme Officer and, therefore, they should be treated as eligible for appointment on the post of Assistant Programme Officer.
(3.) HAVING considered the arguments advanced on behalf of the petitioners and having gone through the material available on record, we are clearly of the view that the writ petitions challenging the validity of the Notification dated 06.03.2013 prescribing qualification for appointment on the post of Assistant Programme Officer, is without any merit.;


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