Babu Lal Gajraj vs State Depart Of Eco And Statistics And … on 28 April, 2025

Rajasthan High Court – Jaipur

Babu Lal Gajraj vs State Depart Of Eco And Statistics And … on 28 April, 2025

Author: Anand Sharma

Bench: Anand Sharma

[2025:RJ-JP:17852]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                  S.B. Civil Writ Petition No. 3261/2014

Babu Lal Gajraj S/o Shri Hanuman Prasad, Aged about 28 years,
R/o Village Chala, Tehsil Neem Ka Thana, District Sikar (Raj.)
                                                                         ----Petitioner
                                       Versus
1. State of Rajasthan, Department of Economics and Statistics,
Gov. Secretariat, Jaipur through its Secretary (Raj.)
2. Director and Dy. Secretary, Department of Economics and
Statistics, Yojna Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)
                                                                      ----Respondents

For Petitioner(s) : Mr. Vimal Kumar Jain, Adv. with
Mr. Lokesh Parihar, Adv.

For Respondent(s)            :     Ms. Minakshi Jain, G.C



              HON'BLE MR. JUSTICE ANAND SHARMA

                                        Order

28/04/2025

1. The petitioner in the instant writ petition is aggrieved by

Annexure-12 issued by Director-cum-Joint Secretary of Economic

and Statistics Department whereby the candidature of the

petitioner for the post of Computer has been rejected.

2. Learned counsel for the petitioner submitted that one

advertisement dated 19.06.2013, was issued by the respondent-

Department whereby the applications were invited from eligible

persons for recruitment on the post of Computer. In the aforesaid

advertisement, Clause-V deals with required educational

qualifications, which includes Graduation degree from any

recognized University from Mathematics or Statistics or Economic

subject and certificates issued by the institutes mentioned in the

(Downloaded on 30/04/2025 at 10:29:01 PM)
[2025:RJ-JP:17852] (2 of 4) [CW-3261/2014]

Clause-V of the advertisement including ‘O’ Level or higher level

certificate issued by DOEACC (NIELIT), which are under control of

Electronics Department, Government of India; or Degree or

Diploma issued by any recognized Government in the subject of

Computer Science/Computer Application/Information Technology.

The petitioner states that since he was possessing Diploma in

Computer Programming and Application issued from Nobal IT

Educare Pvt. Ltd. therefore he was eligible for participating in the

recruitment process for the aforesaid post.

3. Learned counsel for the petitioner states that after

undergoing the entire recruitment process, petitioner has secured

more marks than the last cut off marks issued for the General

category, however, he has not been given appointment whereas

the candidates securing lesser marks than him have been

appointed and in quite surprising manner despite acquiring

recognized qualification, his candidature has been wrongly

rejected by the respondents.

4. Per Contra, learned counsel for the respondents has

supported rejection of candidature of the petitioner on the ground

that the Diploma/Certificate issued by Nobal IT Educare Pvt. Ltd.

is not a recognized qualification. It has been categorically stated in

the reply to the writ petition that Diploma possessed by the

petitioner has neither been recognized by UGC or by State

Government or even by Central Government, AICTE and DEC

(Distant Education). Hence, the respondents have committed no

mistake whatsoever by rejecting the candidature of the petitioner

on the ground of non-fulfilment of required computer qualification.

(Downloaded on 30/04/2025 at 10:29:01 PM)
[2025:RJ-JP:17852] (3 of 4) [CW-3261/2014]

5. I have carefully heard both the counsel for the parties and

examined the record.

6. It is settled position of law that recruitment for service in the

State Government can be conducted strictly in accordance with

the Rules framed by the Government and as per the eligibility

criteria shown in the Rules & Advertisement. The advertisement

also reflects specific qualification, which is required to be

possessed by the candidates applying for recruitment pursuant to

such advertisement.

7. While comparing the certificate possessed by the petitioner,

which has been issued by the Nobal IT Educare Pvt. Ltd. qua the

qualifications mentioned in the advertisement, this Court finds

that the petitioner is not possessing the qualification as indicated

in the advertisement.

8. It is also settled that this Court under Article 226 of the

Constitution of India cannot declare the equivalence of any

qualification qua the qualifications mentioned in the

Rules/advertisement. Equivalence of qualifications solely falls

within the ambit of experts and can be done only by the

concerned Government authorities/bodies. In the instant case, the

respondents have categorically stated on affidavit that the

qualification possessed by the petitioner is not recognized either

by UGC, Central Government, State Government, AICTE or DEC.

9. Petitioner has utterly failed to place on record any document

in order to rebute the aforesaid statement made in reply to the

writ petition.

(Downloaded on 30/04/2025 at 10:29:01 PM)

[2025:RJ-JP:17852] (4 of 4) [CW-3261/2014]

10. In view of the above, no interference whatsoever is called for

in the instant writ petition. The writ petition filed by the petitioner,

being devoid of any merit and substance, is hereby dismissed.

11. No order as to costs.

12. Stay application and all pending application(s), if any, also

stand disposed of.

(ANAND SHARMA),J

NEERU/213

(Downloaded on 30/04/2025 at 10:29:01 PM)

Powered by TCPDF (www.tcpdf.org)