DIVYESH RAWAL S/O SHRI VISHNU KUMAR RAWAL Vs. STATE OF RAJASTHAN, THROUGH: THE PRINCIPAL SECRETARY, RURAL DEVELOPMENT AND PANCHYATI RAJ DEPARTMENT
LAWS(RAJ)-2018-2-247
HIGH COURT OF RAJASTHAN
Decided on February 16,2018

Divyesh Rawal S/O Shri Vishnu Kumar Rawal Appellant
VERSUS
State Of Rajasthan, Through: The Principal Secretary, Rural Development And Panchyati Raj Department Respondents

JUDGEMENT

PUSHPENDRA SINGH BHATI,J. - (1.) Learned counsel for the parties agree that the controversy by the judgment of this Court passed in the case of Gopa Ram v. State of Rajasthan and Anr. (S.B. Civil Writ Petition No. 9835/2017) decided on 12.01.2018 . The order reads as follows: "1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India with the following prayers: "1. The impugned notice dated 05.07.2013 (Annex.7) issued by the respondent No. 2 may kindly be quashed and set aside. 2. The respondents may kindly be directed to provide appointment to the petitioner on the post of LDC in pursuant to the advertisement in District Jalore under the SC category. 3. The respondents be further directed to comply with the directions issued by this Hon'ble Court vide order dated 22.04.2015 in its true letter and spirit. 4. Any other appropriate order, which this Hon'ble Court deems fit and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner. 5. Allow cost of the writ petition to the petitioner." 2. A coordinate Bench of this Court has already passed an order in the matter of Gopa Ram v. State of Rajasthan in S.B. Civil Writ Petition No. 13121/2013 decided on 22.04.2015 , which reads as under: "By way of the instant writ petition, the petitioner has approached this Court assailing the action of the respondents in deciding the petitioner's representation for being appointed pursuant to his selection in the selection process conducted for direct recruitment on the post of LDC in the Panchayati Raj Department in the year 2013. The bone of contention between the petitioner and respondents is regarding the validity of the computer diploma course held by the petitioner in reference to the advertisement in question. The petitioner's case is that he holds a PGDCA from Singhania University, Jhunjhunu whereas the respondents have come out with a case that the degree was issued by a recognized institution. The petitioner has placed on record, certain documents in order to claim that the diploma in question is recognized by the Employment Directorate of the Government of Rajasthan. The petitioner submitted a detailed representation to the Chief Executive Officer, Zila Parishad, Jalore annexing therewith, a large number of documents in order to assert his claim but the representation has been responded to till date. Upon going through the reply filed on behalf of the respondents, it is clear as to whether the petitioner's candidature has been turned down on the ground of the diploma course held by him being issued by a recognized institution. In this background, this Court is of the opinion that the respondent authorities are required to decide the petitioner's representation Annexure-8 forthwith. The writ petition is disposed of with the direction that the respondent authorities shall decide the petitioner's representation Annexure-8 by a reasoned speaking order within a period of three months from the date of submission of copy of this order. If after disposal of the petitioner's representation, any of the petitioner's grievance still survives, he will be at liberty to file a fresh writ petition. No order as to costs." 3. Learned counsel for the petitioner states that the representation in pursuance of such order is yet to be decided by the respondents. 4. Learned counsel for the respondents assures the Court that the representation shall be considered strictly in accordance with law in terms of the order dated 22.04.2015. 5. In view of the above, the present petition is disposed of with the direction to the respondents that the necessary consideration shall be made within a period of 30 days from today after giving an opportunity to the petitioner to submit his claim and the respondents shall be free to pass appropriate orders strictly in accordance with law. In case, the respondents find that the qualification is recognized then the petitioner shall be given appointment in accordance with his own merits."
(2.) Learned counsel for the petitioner states that his representation may be considered by the respondents in light of the aforementioned precedent law.
(3.) Learned counsel for the respondent states that the petitioner's qualification of PG Diploma in Computer Application from Makhanlal Chaturvedi Rashtriya Patrakarita Vishwavidyalaya, Bhopal is recognized.;


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