PUSHPENDRA SINGH BHATI, J. - (1.) The petitioner has preferred this writ petition under Article 226 of the Constitution of India claiming the following reliefs: "A. The petitioner may be allowed to give appointment on the post of Lower Division Clerk in pursuance to the advertisement LDC Direct Recruitment, 2013. B. The respondents may kindly be directed to afford the petitioner joining on the post of LDC with all consequential benefits. C. Any order passed by the respondents denying appointment/ joining to the petitioner in pursuance of the appointment may kindly be quashed and set aside. D. Any other appropriate writ, order or direction which this Hon'ble Court deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. E. Writ petition filed by the petitioner may kindly be allowed with cost."
(2.) Learned counsel for the parties agree that the controversy has been decided by this Hon'ble Court in Chhoga Lal Kharol v. State of Rajasthan and Ors., (S.B. Civil Writ Petition No. 14761/2013), on 03.03.2017 , the operative portion of which reads as under: "The first preliminary objection in the reply is that the petitioner did not join in spite of the various opportunities being granted to him. The second objection is that the Dr. C.V. Raman University, Bilaspur, Chhattisgarh is a private University and was recognized only as "Institutional Recognition" and the petitioner completed his education by distant learning programme from the said University in the year 2012, which is before the recognition of the UGC. Even otherwise, the first objection of the respondents that the petitioner did not join is not supported by any evidence. No letter is placed on record to show that the petitioner was ever offered appointment after the selection. The second objection too cannot be sustained in view of the Annex.12 placed on record. The said document is not disputed as the same is issued by the Deputy Secretary, University Grant Commission dated 24.06.2008 clarifying that Dr. C.V. Raman University, Bilaspur, Chhattisgarh is a Private University established by an Act of State Legislature and empowered to award degrees as specified by the UGC under Section 22 of the UGC Act,1956 with the approval of its Statutory Councils, wherever required. The Annex.R-2 placed on record by the respondents themselves in fact gives support to the fact that the respondent-University was a recognized University even in the year 2013-14 and 2014-15. There is nothing on record to show that the DCA course or the institute was not a recognized course or a recognized University in the year 2008. Even otherwise, both the objections are contradictory to each other. In case, the certificate of the petitioner qua the course of DCA was not held to be issued from a duly recognized University, it is not understood as to how the respondents can say that the petitioner had not joined in spite of the appointment. In view of the above, the present petition is allowed to the extent that the respondents shall consider the case of the petitioner for grant of appointment to the post of LDC after taking into consideration the qualification of RSCIT certificate and DCA of the petitioner as valid and give the appointment, if he is otherwise eligible and in accordance with the law laid down by the Hon'ble Apex Court in the case of State of Rajasthan and Ors. v. Archana and Ors., (S.B. Civil Appeal No. 11406-11407 of 2016) ."
(3.) In view of the above, the present writ petition is disposed of with direction to the respondents to consider the case of petitioner for grant of appointment on the post of LDC after taking into consideration the qualification of petitioner pertaining to DIP CS/CA and if the same is found valid, then appropriate appointment shall be given as per his eligibility and merit and in accordance with the law laid down by the Hon'ble Apex Court in the case of State of Rajasthan and Ors. v. Archana and Ors., (S.B. Civil Appeal No. 11406-11407 of 2016) and Chhoga Lal Kharol (supra). Petition Disposed of. ;