(1 of 4) [CW-13534/2020] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13534/2020 Balu Ram Meghwal S/o Shanker Lal Meghwal, Aged About 34 Years, R/o Meghwalo Ka Mohalla, Pani Ki Tanki Ke Pass, Bhuwana, Udaipur, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Technical Education Department, Government Secretariat, Jaipur.
2. The Board Of Technical Education, Jodhpur, Rajasthan Through Its Director
3. Rajasthan Public Service Commission, Through Its Secretary, Ajmer.
----Respondents For Petitioner(s) : Mr. Hansraj Nimbar for Mr. RP Saini For Respondent(s) : Mr. Khet Singh Rajpurohit JUSTICE DINESH MEHTA Order 01/04/2021
1. By way of the present writ petition, petitioner has prayed that the respondents be directed to consider his candidature against the posts advertised vide recruitment notification meant for Non-TSP area.
2. The facts relevant for the present purposes are that on 03.04.2018, the respondents issued two separate recruitment notifications for filling up the post of Group Instructor/Surveyor. Advertisement No.3/2018-19 was issued for Non-TSP area whereas advertisement No.4/2018-19 was meant for TSP area. (Downloaded on 03/04/2021 at 08:42:46 PM)
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3. On 26.05.2018, the petitioner, a resident of Tehsil Bhuwana, Udaipur filled in the application form pursuant to notification No.4/2018-19 issued for TSP area, claiming himself to be a resident of TSP area.
4. The petitioner appeared in the written examination, which were held on 07.11.2019.
5. When he later realised that he had wrongly applied under advertisement meant for TSP area, he proceeded to file a representation (Annex.5) and requested the respondents to consider his candidature for Non-TSP area, inter alia, citing that due to inadvertence/fault of E-Mitra, he had applied under wrong advertisement.
6. Mr. Nimbar, learned counsel produced before the Court, a copy of communication dated 09.01.2020, issued by Rajasthan Public Service Commission, Ajmer, whereby petitioner's request for such change has been turned down.
7. A photocopy of the order dated 09.11.2020 produced by learned counsel for the petitioner is taken on record.
8. Challenging the action of respondents, learned counsel argued that the error of submitting application form qua recruitment notification No.4/2018-19 meant for TSP area was attributable to person manning E-Mitra and was absolutely bonafide.
9. He argued that such human error ought to have been ignored by the respondents and his candidature should have been considered for recruitment notification No.3/2018-19 meant for Non-TSP area.
10. In support of his argument aforesaid, learned counsel relied upon Division Bench judgment rendered in case of Kavita (Downloaded on 03/04/2021 at 08:42:46 PM) (3 of 4) [CW-13534/2020] Choudhary Vs. The Registrar (Examination), Rajasthan High Court, Jodhpur in DB Civil Special Appeal (Writ) No.1700/2017.
11. Mr. Khet Singh, learned counsel for the Commission vehemently opposed the contention and prayer of the petitioner and submitted that petitioner's application, at such a belated stage (i.e. after holding of examination) could not have been entertained by the respondents and thus, action of the respondent-Commission is just and proper.
12. He argued that before holding of the examination, the commission had given ample opportunity to the candidates to apply for correction (if any) in the application form.
13. He emphasised that the petitioner having failed to avail such opportunity had appeared in the written examination regardless of the fact that the admit card which was issued to the petitioner clearly showed his category as TSP-SC.
14. Learned counsel for the Commission relied upon judgment dated 16.02.2021 passed by this Court in case of Pooja Rajpurohit Vs. RPSC, Ajmer in SBCWP No.2394/2020 and submitted that petitioner's writ petition deserved dismissal.
15. Heard.
16. Indisputably, the petitioner having furnished incorrect application form has even failed to avail the opportunity of rectification of errors/correction that was granted by the respondent-Commission; he has got up from his slumber, belatedly - after appearing in the written examination.
17. In considered opinion of this Court, change of category or request to move to a separate recruitment notification cannot be entertained, once a candidate has appeared in the written examination.
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18. So far as judgment of Kavita Choudhary (supra) relied upon by learned counsel for the petitioner is concerned, it is pertinent to note that a Division Bench of this Court in a recent judgment dated 19.03.2021 in case of RPSC Vs. Y. Yaduvanshi (SAW No.804/2020) has observed that the judgment in Kavita Choudhary's case (supra) cannot be treated to be a binding precedent.
19. In view of the aforesaid and following the enunciation made by this Court in Pooja Rajpurohit's case (supra), the present writ petition is dismissed.
20. Stay petition also stands dismissed accordingly.
(DINESH MEHTA),J 24-Amar/-
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