Rajasthan High Court – Jaipur
Ekta Saini D/O Suresh Kumar Saini vs The State Of Rajasthan … on 27 March, 2025
Author: Sameer Jain
Bench: Sameer Jain
[2025:RJ-JP:14099]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 197/2025
Hitesh Prakash Sharma S/o Shri Ramniwas Sharma, Aged About
27 Years, Resident Of 15, Brahmano Ka Mohalla, Vayabasar,
District Kuchaman-Didwana (Nagaur)
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Finance Department, Government Secretariat, Jaipur.
2. The Principal Secretary, Department Of Personnel,
Government Of Rajasthan, Govt. Secretariat, Jaipur.
3. The Director, Treasury And Accounts, Vitt Bhawan,
Janpath, Jaipur, Rajasthan.
4. The Revenue Board, Through Its Registrar, Gokhale Lane,
Opp. Collectorate Office Basant Vihar, Todarmal Marg,
Civil Lines, Ajmer, Rajasthan 305001
5. Rajasthan Staff Selection Board, Jaipur Through Its
Secretary, Rajasthan Agriculture Management Institute
Premises, Durgapura, Jaipur-302018
----Respondents
Connected With
S.B. Civil Writ Petition No. 183/2025
Upkar Meena S/o Shri Kamlesh Kumar Meena, Aged About 25
Years, Resident Of Village Sewla, Post Gadauli, Tehsil Nadbai,
District Bharatpur-321602 (Raj.)
—-Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Finance Department, Government Secretariat, Jaipur
2. The Principal Secretary, Department Of Personnel,
Government Of Rajasthan, Govt. Secretariat, Jaipur
3. The Director, Treasury And Accounts, Jaipur
4. The Revenue Board, Through Its Registrar, Ajmer
5. Rajasthan Staff Selection Board Jaipur, Through Its
Secretary, Rajasthan Agriculture Management Institute
Premises, Durgapura, Jaipur-302018
—-Respondents
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S.B. Civil Writ Petition No. 203/2025
Kuldeep Singh S/o Shri Narendra Singh, Aged About 25 Years,
Resident Of 79, Rajput Was, Padar, Tehsil Revdar, District Sirohi.
—-Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Finance Department, Government Secretariat, Jaipur.
2. The Principal Secretary, Department Of Personnel,
Government Of Rajasthan, Govt. Secretariat, Jaipur.
3. The Director, Treasury And Accounts, Vitt Bhawan,
Janpath, Jaipur, Rajasthan.
4. The Revenue Board, Through Its Registrar, Gokhale Lane,
Opp. Collectorate Office Basant Vihar, Todarmal Marg,
Civil Lines, Ajmer, Rajasthan 305001
5. Rajasthan Staff Selection Board, Jaipur Through Its
Secretary, Rajasthan Agriculture Management Institute
Premises, Durgapura, Jaipur-302018
—-Respondents
S.B. Civil Writ Petition No. 259/2025
Seema Rajpurohit D/o Shri Brij Laxman Rajpurohit, Aged About
25 Years, Resident Of Village Kotdi, Rupangarh, District Ajmer
(Raj.)
—-Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Finance Department, Government Secretariat, Jaipur
2. The Principal Secretary, Department Of Personnel,
Government Of Rajasthan, Govt. Secretariat,jaipur
3. The Director, Treasury And Accounts, Jaipur
4. The Revenue Board, Through Its Registrar, Ajmer
5. Rajasthan Staff Selection Board Jaipur, Through Its
Secretary, Rajasthan Agriculture Management Institute
Premises, Durgapura, Jaipur-302018
—-Respondents
S.B. Civil Writ Petition No. 592/2025
1. Hinshuma Gurjar D/o Shri Kishan Gurjar, Aged About 27
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Years, Resident Of H.no. 10, Goku Colony, Kundan Nagar,
Ajmer (Raj.)
2. Ram Swaroop S/o Shri Radhe Shyam, Aged About 28
Years, Resident Of Petrol Pump Ke Pass, Biliya Road,
Ranasar, Post Rasal, District Didwana Kuchaman
3. Yogesh Kumar S/o Shri Subhash Chander, Aged About 30
Years, Resident Of Ward No. 15, Kesri Singhpur, District
Sriganganagar
4. Ankit Kumar S/o Shri Ramesh Kumar, Aged About 28
Years, Resident Of Vpo Karnisar Sahjipura, Hanumangarh
5. Vandana Lakhan D/o Shri Subhash Chandra, Aged About
24 Years, Resident Of C/o Jawahar Basti, Ward No. 33,
P.o. Sujangarh, District Churu
6. Bhagirath Ram S/o Shri Babu Ram, Aged About 27 Years,
Resident Of Mukam Post Luniasar, Tehsil Sanchor, District
Sanchor
7. Jyoti Kumari Meena D/o Shri Goklesh Meena, Aged About
29 Years, Resident Of Vpo Bamanwas Patti Kalan, Tehsil
Bamanwas, District Sawai Madhopur, Rajasthan
8. Sheetal Shekhawat D/o Shri Gajendra Singh Sekhawat,
Aged About 24 Years, Resident Of Chota Pana Ki Kotri,
Palsana District Sikar, Rajasthan
—-Petitioners
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Finance Department, Government Secretariat, Jaipur.
2. The Principal Secretary, Department Of Personnel,
Government Of Rajasthan, Govt. Secretariat, Jaipur
3. The Director, Treasury And Accounts, Jaipur
4. The Revenue Board, Through Its Registrar, Ajmer.
5. Rajasthan Staff Selection Board Jaipur, Through Its
Secretary, Rajasthan Agriculture Management Institute
Premises, Durgapura, Jaipur-302018
—-Respondents
S.B. Civil Writ Petition No. 1146/2025
Akhil Kumar S/o Shri Prithvi Raj, Aged About 31 Years, Resident
Of Ward No. 06, Police Chowki Ke Pass, Talwada Jheel, Tehsil
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Tibbi, District Hanumangarh – 335525 (Raj.)
—-Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Finance Department, Government Secretariat, Jaipur.
2. The Principal Secretary, Department Of Personnel,
Government Of Rajasthan, Govt. Secretariat, Jaipur.
3. The Director, Treasury And Accounts, Vitt Bhawan,
Janpath, Jaipur-Rajasthan.
4. The Revenue Board, Through Its Registrar, Gokhale Lane,
Opp. Collectorate Office Basant Vihar, Todarmal Marg,
Civil Lines, Ajmer, Rajasthan 305001.
5. Rajasthan Staff Selection Board, Jaipur Through Its
Secretary, Rajasthan Agriculture Management Institute
Premises, Durgapura, Jaipur-302018
—-Respondents
S.B. Civil Writ Petition No. 1149/2025
Neha D/o Shri Jagdish Singh W/o Shri Dinesh Kumar, Aged
About 30 Years, Resident Of Village Nayagaon Kalan, Post
Samraya, Tehsil Bayana, District Bharatpur (Raj).
—-Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Finance Department, Government Secretariat, Jaipur.
2. The Principal Secretary, Department Of Personnel,
Government Of Rajasthan, Govt. Secretariat, Jaipur.
3. The Director, Treasury And Accounts, Jaipur.
4. The Revenue Board, Through Its Registrar, Ajmer.
5. Rajasthan Staff Selection Board, Jaipur Through Its
Secretary, Rajasthan Agriculture Management Institute
Premises, Durgapura, Jaipur-302018
—-Respondents
S.B. Civil Writ Petition No. 1167/2025
Ankit Gamar S/o Shri Sevan Kumar Gamar, Aged About 22
Years, R/o Village Vachalikatar, Post Amaliya, Tehsil Jhadol,
District Udaipur- 313701 (Raj.)
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—-Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Finance Department, Government Secretariat, Jaipur.
2. The Principal Secretary, Department Of Personnel,
Government Of Rajasthan, Govt. Secretariat, Jaipur.
3. The Director, Treasury And Accounts, Vitt Bhawan,
Janpath, Jaipur- Rajasthan.
4. The Revenue Board, Through Its Registrar, Gokhale Lane,
Opp. Collectorate Office Basant Vihar, Todarmal Marg,
Civil Lines, Ajmer, Rajasthan 305001
5. Rajasthan Staff Selection Board Jaipur, Through Its
Secretary, Rajasthan Agriculture Management Institute
Premises, Durgapura, Jaipur -302018
—-Respondents
S.B. Civil Writ Petition No. 1227/2025
Tanuja Meena D/o Vijay Kumar Meena, Aged About 24 Years, R/o
B-11, Tirupati Nagar, Near Cbi Phatak, Jagatpura, Jaipur,
Rajasthan.
—-Petitioner
Versus
1. State Of Rajasthan, Through Its Additional Chief
Secretary, Finance Department, Secretariat, Rajasthan,
Jaipur.
2. The Director, Treasury And Accounts Department,
Rajasthan, Jaipur.
3. Rajasthan Staff Selection Board, Through Its Secretary,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
—-Respondents
S.B. Civil Writ Petition No. 1540/2025
Praveen Sharma Son Of Shri Bajrang Lal, Aged About 26 Years,
R/o Ward No. 13, Near Police Station Rawatsar, District
Hanumangarh (Raj.)
—-Petitioner
Versus
1. The State Of Rajasthan, Through Principal Secretary,
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Finance Department, Govt. Of Rajasthan, Secretariat,
Jaipur.
2. The Secretary, Rajasthan Staff Selection Board, Institute
Of Agriculture Management Premises, Durgapura, Jaipur.
3. The Director, Treasury And Accounts, Rajasthan, Vitt
Bhawan, A-Block, Jyoti Nagar, Jaipur.
—-Respondents
S.B. Civil Writ Petition No. 1981/2025
Ekta Saini D/o Suresh Kumar Saini, Aged About 28 Years, R/o
Plot No. 72, Jamunapuri Colony, Murlipura Scheme, Jaipur,
Rajasthan.
—-Petitioner
Versus
1. The State Of Rajasthan, Through Its Additional Chief
Secretary, Finance Department, Secretariat, Rajasthan,
Jaipur.
2. The Director, Treasury And Accounts Department,
Rajasthan, Jaipur.
3. Rajasthan Staff Selection Board, Through Its Secretary,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
—-Respondents
S.B. Civil Writ Petition No. 2006/2025
Dilip Kumar S/o Gokul Chand Nayak, Aged About 22 Years, R/o
Vpo Nayako Ka Mohalla, Chhpoli, Tehsil Udaipurwati, District
Jhunjhunu, Rajasthan.
—-Petitioner
Versus
1. The State Of Rajasthan, Through Its Additional Chief
Secretary, Finance Department, Secretariat, Rajasthan,
Jaipur.
2. The Director, Treasury And Accounts Department,
Rajasthan, Jaipur.
3. Rajasthan Staff Selection Board, Through Its Secretary,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
—-Respondents
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S.B. Civil Writ Petition No. 490/2025
1. Yogesh Kumar S/o Shri Kedar Singh Jatav, Aged About
22 Years, Resident Of Village Bhatt Ka Pura, Pos
Vijaypura, Tehsil Sauroth, Karauli
2. Asha Mundotiya D/o Shri Sanwarmal Mundotiya, Aged
About 23 Years, Resident Of Ward No. 7, Khatu Shyamji
Dantaramgarh, Sikar.
—-Petitioners
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Finance Department, Government Secretariat, Jaipur.
2. The Principal Secretary, Department Of Personnel,
Government Of Rajasthan, Govt. Secretariat, Jaipur.
3. The Director, Treasury And Accounts, Jaipur.
4. The Revenue Board, Through Its Registrar, Ajmer.
5. Rajasthan Staff Selection Board Jaipur, Through Its
Secretary, Rajasthan Agriculture Management Institute
Premises, Durgapura, Jaipur-302018
—-Respondents
S.B. Civil Writ Petition No. 1136/2025
J.k. Puri S/o Shri Virendra, Aged About 24 Years, Resident Of
Village Math Hatti, Post Basedi, Tehsil Basedi, District Dholpur
(Raj).
—-Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Finance Department, Government Secretariat, Jaipur.
2. The Principal Secretary, Department Of Personnel,
Government Of Rajasthan, Govt. Secretariat, Jaipur.
3. The Director, Treasury And Accounts, Vitt Bhawan,
Janpath, Jaipur-Rajasthan.
4. The Revenue Board, Through Its Registrar, Gokhale
Lane, Opp. Collectorate Office Basant Vihar, Todarmal
Marg, Civil Lines, Ajmer, Rajasthan 305001
5. Rajasthan Staff Selection Board, Jaipur Through Its
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Secretary, Rajasthan Agriculture Management Institute
Premises, Durgapura, Jaipur-302018
—-Respondents
S.B. Civil Writ Petition No. 1986/2025
Surendra Bhanwaria S/o Dharma Ram, Aged About 38 Years,
R/o Bhanwaria Ki Dhani, Navalpura, Village And Post Borunda,
Tehsil Piparcity, District Jodhpur.
—-Petitioner
Versus
1. The State Of Rajasthan, Through Its Additional Chief
Secretary, Finance Department, Secretariat, Rajasthan,
Jaipur
2. The Director, Treasury And Accounts Department,
Rajasthan, Jaipur.
3. Rajasthan Staff Selection Board, Through Its Secretary,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
—-Respondents
S.B. Civil Writ Petition No. 254/2025
Priyanka Kumari D/o Shri Manphool Ram, Aged About 30 Years,
Resident Of Shanti Sadan, Bhimnagar, Dada Pota Park Ke Pass,
Mukta Prasad Nagar, Bikaner (Raj.)
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Finance Department, Government Secretariat, Jaipur
2. The Principal Secretary, Department Of Personnel,
Government Of Rajasthan, Govt. Secretariat,jaipur
3. The Director, Treasury And Accounts, Jaipur
4. The Revenue Board, Through Its Registrar, Ajmer
5. Rajasthan Staff Selection Board Jaipur, Through Its
Secretary, Rajasthan Agriculture Management Institute
Premises, Durgapura, Jaipur-302018
For Petitioner(s) : Mr. Tanveer Ahamad, Adv.
Mr. Ram Pratap Saini, Adv.
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Mr. Satya Narain Sharma, Adv.
Mr. Sita Ram Sharma, Adv.
For Respondent(s) : Mr. Sandeep Taneja, AAG
Mr. Sandeep Kumar Maheshwari with
Mr. Ms.Bhavna Laddha, Adv.
Ms. Manju Joshi, AGC
HON’BLE MR. JUSTICE SAMEER JAIN
Judgment
27/03/2025
1. Considering the identical factual narratives and legal issues
involved, with the consent of respective sides, the instant bunch of
petitions is adjudicated vide common judgment which shall be
made applicable on mutatis mutandis basis. With consent of
counsel representing various parties, S.B. Civil Writ Petition
No.197/2025 titled as Hitesh Prakash Sharma Vs. State of
Raj. & Ors., is taken as a lead petition.
2. Learned counsel for the petitioners has submitted that an
advertisement dated 20.06.2023 was issued by the respondents
under the provisions of Rajasthan Subordinate Account Service
Rules, 1963 read with Rajasthan Revenue Accounts Subordinate
Service Rules 1975, inviting applications for the post of Junior
Accountant and Tehsil Revenue Accountant. It is further submitted
that Clause 6 of the advertisement specifies eligibility and
educational qualification for the said post. Further, it is submitted
that rejection of the petitioners’ candidature for not possessing
requisite qualification is unjust and arbitrary. In support of the
said contention, it is submitted that the petitioners have acquired
computer education while pursuing their Senior Secondary/
Graduation/ B.Ed and allied courses, thus, fulfilling the above
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mentioned requirement qua eligibility and educational
qualification. Further, it is submitted that computer course was
one of the ancillary subject in their curriculum, therefore, the
petitioners herein possess the computer knowledge as required.
3. Additionally, it is submitted that as per the terms of the
advertisement and as per the provisions of Rajasthan Subordinate
Accounts Service Rules, 1963 and Rajasthan Revenue Accounts
Subordinate Service Rules 1975, the requirement was to possess
the ‘working knowledge on computer concepts’ i.e. to possess the
basic skills and understanding which is necessary to operate,
utilize and manage the computers effectively including tasks like
using software, managing files and others, and the same is duly
possessed by the petitioners. Subsequently, it is submitted that
the petitioners have pursued the RS-CIT course, however, qua the
said course, certificate was issued after the cut of date/document
verification, in this regard, learned counsel for the petitioner has
submitted that the same should not cause impediment qua the
petitioners and they should be considered qualified for the said
post.
4. Further, while placing reliance upon the judgment passed in
Rehana Kousher vs. State of Rajasthan and Ors. (SBCWP
No. 5764/2019); Lokesh Kumar vs. State of Rajasthan and
Ors. (SBCWP No. 27795/2018) and Lalita vs. State of
Rajasthan and Ors. (SBCWP No. 11981/2018), it is submitted
that knowledge acquired qua computer while pursuing Senior
Secondary/ Graduation/B.Ed and allied courses should be
considered as a requisite qualification for the said post
moresoever, when the petitioners have secured merit, therefore,
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in light of the above cited, appointment letters should be issued to
them and they should be permitted to join accordingly.
5. Per contra, learned counsel for the respondents has
vehemently objected the contentions of the learned counsel for
the petitioners and submitted that the present petitions are not
maintainable for the reason that the petitioners have assailed the
requirement qua eligibility criteria and educational qualification at
a belated stage, i.e. after duly participating in the examination,
therefore the said argument can not be considered following the
principle of acquiescence. It is further submitted that under the
judicial review, Court cannot consider the eligibility criteria,
moreso, when the said eligibility criteria is explicitly stated under
the Rules of 1963 and terms and conditions of the advertisement.
6. Additionally, reliance is placed upon the dictum enunciated in
the judgment passed by Hon’ble Supreme Court in Maharashtra
Public Service Commission vs Sandeep Shriram Warade &
Ors. reported in (2019) 6 SCC 362.
7. Furthermore, it is submitted that Clause 6 of the
advertisement and Rule 11 of the Rules of 1963, enumerates the
qualification and eligibility, therefore, if the qualification is
explicitly stated therein, then no interference can be made by the
authority or department disregarding the provisions of the Rules
and terms and conditions of the advertisement. Further, it is
submitted that despite the fact that petitioners have secured
merit, the qualification and degree specified in the Rules and
advertisement cannot be equated with the degree/qualification
possessed by the petitioners. Moreover, the computer course
pursued by the petitioners is not the specified computer course
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but is an ancillary course. In support of the contentions made
insofar, reliance is placed upon the judgment passed in Ram
Kishan Meena vs. State of Rajasthan and Ors., (SBCWP No.
4676/2010) and Shivdutt Singh Rathore vs. State of
Rajasthan and Ors. (SBCWP No. 11309/2017).
8. Lastly, it is submitted that RS-CIT qualification/certificate
cannot be considered qua the eligibility criteria for the reason that
the same is acquired after the stipulated cut-off date/ document
verification. In support of the same, reliance is placed upon the
dictum encapsulated in Shivdutt Singh Rathore (supra).
9. Heard and considered.
10. Considering the arguments advanced by the learned counsel
for the parties, upon perusal of the records, taking note of the
judgments at the Bar, this Court has made the following
observations:-
10.1 That advertisement was issued under the provisions of
Rajasthan Subordinate Accounts Service Rules, 1963 and
Rajasthan Revenue Accounts Subordinate Service Rules 1975,
wherein, applications were invited for the post of Junior
Accountant and Tehsil Revenue Accountant Services.
10.2 That eligibility criteria and qualification for the said post
are specified under the provisions of Rule 11 and Clause 6 of the
advertisement. The relevant portion of the Rule 11 (Schedule-I) is
specified herein below:-
Junior 100% by Must hold a degree of any of the
Accountant direct Universities incorporated by an Act of the
recruitment Central or State Legislature in India or
through other educational institution established by
competitive an Act of Parliament or declared, to be
examination. deemed as a University under Sec. 3 of the(Downloaded on 05/04/2025 at 09:25:01 PM)
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possess an equivalent qualification
recognized by the Government in
consultation with the Commission;
OR
Must have passed Intermediate
examination of the Institute of Cost &
Works Accountants, Kolkata;
OR
Intermediate examination of the Institute
of Chartered Accountants of India, New
Delhi.
AND
“O” or Higher-Level Certificate Course
conducted by DOEACC (NIELIT) under
control of the Department of Electronics,
Government of India;
OR
Computer Operator & Programming
Assistant (COPA)/Data Preparation and
Computer Software (DPCS) Certificate
organized under National/ State Council of
Vocational Training Scheme;
OR
Degree/Diploma in Computer Science/
Computer Applications /Information
Technology from a University established by
law in India or from an institution
recognized by the Government;
OR
Diploma in Computer Science &
Electronics/Information Technology from a
polytechnic institution recognized by the
Government;
OR
Certificate Course in Information
Technology (RSCIT) conducted by
Vardhaman Mahaveer Open University, Kota
under control of Rajasthan Knowledge
Corporation Limited10.3 That qualification which is possessed by the petitioners
are not as per the requirement specified under the provisions of
the Rule 11 of the Rules of 1963 and Clause 6 of the
advertisement.
10.4 That judgments cited by the learned counsel for the
petitioner are distinguishable for the reason that the said
judgments pertains to the advertisement which was issued under
the provisions of Rajasthan Panchayati Raj Rules, 1996 and allied
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[2025:RJ-JP:14099] (14 of 14) [CW-197/2025]Rules for the post of LDC and circular dated 10.07.2018 issued by
Additional Commissioner and Joint Secretary Rural Development
and Panchayati Raj Department as mentioned in Rehana
Kousher (supra), wherein RS-CIT certificate will be considered as
a requisite eligibility/qualification for the post of LDC, therefore,
the said judgments cannot be made applicable qua the post in
question.
10.5 That learned counsel for the petitioner has relied upon
the letter dated 19.02.2025 issued by the IT Department of the
State Government for considering certificate course on computer
by NIELIT as a requisite qualification, howsoever, this Court is not
inclined to comment on the said letter at this stage.
10.6 That the petitioners have approached this Court and
assailed the said clause in the advertisement at a belated stage
and that eligibility criteria for the post cannot be dealt under the
powers of judicial review unless the same are arbitrary and
erroneous, therefore, following the principle of acquiescence and
principle of Wednesbury respectively, this Court is not inclined to
interfere in the present petitions.
11. Accordingly, the present petitions are dismissed. Pending
applications, if any, shall stand disposed of.
12. A copy of this order be placed in connected files.
(SAMEER JAIN),J
CHANDAN /134-149
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