JUDGEMENT
Veerendr Singh Siradhana, J. -
(1.) Assailing the action of the Respondents in treating B.Tech qualification as valid and holders eligible for appointment to the post of Lower Divisional Clerk (for short, 'LDC') in the Lower Divisional Clerk Examination-2013, following the recruitment process initiated vide advertisement dated 26th July, 2013; the petitioner has instituted the present writ application praying for the following relief(s):
"(i) To issue an appropriate writ / order / direction declaring the decision taken by Rajasthan Public Service Commission, which has been dilated under the letter dated 9.1.2018, to treat qualification of B.Tech as valid one or holders of B. Tech qualification as eligible for the post of Lower Divisional Clerk in Lower Divisional Clerk Examination, 2013 under the recruitment exercise initiated vide advertisement dated 26.07.2013, as null and void and contrary to law.
(ii) To issue an appropriate writ / order / direction to the Commission to revise the result of Lower Divisional Clerk Examination, 2013 by excluding candidates who have been treated as eligible for the post of Lower Divisional Clerk on the strength of B.Tech qualification.
(iii) To issue an appropriate writ / order / direction to revise the result of Lower Divisional Clerk Examination, 2013 by excluding the candidates who had given the incorrect / false / wrong or incomplete information qua their qualification in their online application forms or qua any other information which was supposed to be given in the online application forms and consequently issue appropriate direction to the Respondents to annual their appointment/posting order.
(iv) Consequently, issue an appropriate writ / order / direction directing the Respondents to appointment the petitioner as Lower Divisional Clerk with all consequential benefits.
(v) Any other order which Court deem fit and proper in facts and circumstances of case may also be passed in favour of the petitioner.
(vi) Award cost of petition."
(2.) Briefly, the essential skeletal material facts are that the Rajasthan Public Service Commission (for short, 'RPSC'), invited applications from eligible candidates for appointment to the post of Clerk Gr-II, for the office of Rajasthan Public Service Commission and filling up 7538 posts of Clerk Gr.-II, in Subordinate Offices in the State of Rajasthan, vide advertisement dated 26th July, 2013, under the Rajasthan Sub-ordinate Offices Ministerial Service Rules, 1999 (for short, 'the Rules of 1999'). It is pleaded case of the petitioner that the advertisement , specifically detailed out the essential educational qualifications and the participating candidates were required to be in possession of while applying for consideration of their candidature for appointment to the post of Lower Divisional Clerk. The petitioner satisfies the educational as well as technical qualifications required for he holds a certificate of Rajasthan State Certificate Course in Information Technology (for short, 'RS-CIT'), issued by the Rajasthan Knowledge Corporation Limited.
(3.) Mr. Sunil Samdaria, learned counsel for the petitioner insistingly aruged that a bare perusal of the advertisement would demonstrate that it includes holders of various qualification(s), as eligible for the post of Lower Divisional Clerk. The qualification of B.Tech, is not among the qualification(s) prescribed either under the advertisement or under the Rules of 1999. Yet, the respondent-RPSC took a decision to treat B.Tech qualification as a valid qualification and the holder, eligible for the post of Lower Divisional Clerk and have included them in the recruitment process. The information, aforesaid, was furnished to the petitioner in response to an application filed by him under Right To Information Act, 2005, vide communication dated 20th December, 2017.;
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