TULSIRAM AND ANR. Vs. SHRI SUDARSHAN SHETTY AND ORS.
LAWS(RAJ)-2018-8-97
HIGH COURT OF RAJASTHAN
Decided on August 20,2018

Tulsiram And Anr. Appellant
VERSUS
Shri Sudarshan Shetty And Ors. Respondents

JUDGEMENT

ALOK SHARMA,J. - (1.) Non compliance with the order dated 6.9.2017 in S.B. Civil Writ Petition No. 15221/2017 is alleged in this petition. Therein the Court had directed the respondents to consider the qualifications obtained by the petitioners from Makhan Lal Chaturvedi University for assessment of their merit and on the petitioners being found meritorious, to appoint them to the post of LDCs in the Zila Parishad concerned. The appointments so made were subject to the decision of the writ petition.
(2.) Reply to the contempt petition has been filed. It has been submitted that the petitioners do not have the requisite eligibility to be appointed as LDCs in view of the fact that the qualifications of computer application acquired by them were from Off Campus intra State Study Centers being run in Districts Nagaur and Kota in Rajasthan State by Makhan Lal Chaturvedi Rashtriya Patrakarita Evam Sanchar Vishwavidhyalaya, Bhopal (Madhya Pradesh). It has been submitted that as per the guidelines issued by the UGC, a University created under a Provincial (State) Statute cannot run Off Campus Study Centers outside the State where the University is situate. The petitioners having acquired their qualifications in computer application from Off Campus Study Centers being run in the State of Rajasthan by the Makhan Lal Chaturvedi Rashtriya Patrakarita Evam Sanchar Vishwavidhyalaya, Bhopal did not have a valid qualification and cannot be held to be eligible for appointment as LDCs. It has been further submitted that in fact an application under Article 226(3) of the Constitution of India has been moved before the concerned Court for vacation of the interim order dated 6.9.2017 of which contempt is alleged. A copy of the said application has been annexed with the reply to the contempt petition.
(3.) Mr. RK Gouttam, counsel appearing for the petitioners submitted that the respondents are taking a discriminatory stand against the petitioners. He submitted that over a thousand candidates in the same recruitment, who also obtained their qualification in computer application from Off Camps Study Centers situate outside the State where the respective Private University was situate have been appointed. The respondents, therefore, cannot be allowed to pick and choose as to which of the candidates with qualification of computer application from a off campus study center being run by a University situate outside the concerned State can be appointed.;


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