Manish Kumar Sethia vs State Of Rajasthan And Ors

This writ petition has been filed by the petitioner aggrieved against rejection of petitioner's candidature by the respondents for the post of Assistant Accounts Clerk.

It is inter alia claimed by the petitioner that the petitioner has completed the 'Information Technology Training Course' at Bikaner Branch of CIRC by passing relevant test to the satisfaction of the Board of Studies, Institute of Chartered Accountants of India in accordance with Regulation 45 of the Chartered Accountants Regulations, 1988 as reflected by certificate (Annex.2).

The petitioner appeared for the written test, passed the same and his name appeared in the merit list, however, his candidature has been rejected by the respondents for alleged lack of eligibility requirements.

Learned counsel for the petitioner made submissions that rejection of petitioner's candidature is not justified, inasmuch as, the certificate held by the petitioner is equivalent to the requisite computer related qualification and, therefore, the rejection of petitioner's candidature deserves to be set aside.

I have considered the submissions made by learned counsel for the petitioner and have perused the material available on record.

The eligibility requirements qua the computer qualification as indicated in the advertisement reads as under:-

• "O" or Higher Level Certificate Course conducted by DOEACC 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

• Diploma in Computer Science/Computer Applications of a University established by Law in India or of an institution recognized by the Government.

Or

• Diploma in Computer Science & Engineering from a polytechnic institution recognized by the Government.

Or

• Rajasthan State Certificate Course in Information Technology (RS-CIT) conducted by Vardhaman Mahaveer Open University, Kota Under control of Rajasthan Knowledge Corporation Limited."

A perusal of the above requirements indicate that the candidature is required to be in possession of diploma in computer science / computer application of a University established by Law in India or of an institution recognized by the Government or Diploma in Computer Science & Engineering from a polytechnic institution recognized by the Government or Rajasthan State Certificate Course in information technology (RS-CIT) conducted by the Vardhaman Mahaveer Open University, Kota (VMOU).

Admittedly, the certificate which appears to be issued for the purpose of Regulation 45 of the Chartered Accountants Regulations 1988, does not fall in any of the categories as the same is neither a diploma nor a certificate issued pertaining to the RS-CIT conducted by VMOU, Kota.

Further, as the qualifications indicated do not provide for eligibility based on equvalent qualification, the plea sought to be raised regarding equivalence of the certificate held by the petitioner with the prescribed qualification does not have any relevance.

In view thereof, as the petitioner is ineligible for lack of computer related eligibility, no case for interference in the writ petition is made out. The same is, therefore, dismissed.