HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2907/2022 Amarati Devi D/o Jawara Ram Hudda, aged about 34 Years, R/o 1 L 17, Housing Board, Phalodi, Jodhpur (Raj.).
----Petitioner Versus
1. The State of Rajasthan through the Directorate, Ayurvedic Department, Rajasthan Ajmer.
2. The Registrar, Dr. Sarvepalli Radhakrishan Rajasthan Ayurved University, Jodhpur, Address Karawr, Nagaur Road, Jodhpur.
3. The Deputy Director, Dr. Sarvepalli Radhakrishan Rajasthan Ayurved University, Jodhpur, Address Karawr, Nagaur Road, Jodhpur.
4. The Private Secretary, Dr. Sarvepalli Radhakrishan Rajasthan Ayurved University, Jodhpur, Address Karawr, Nagaur Road, Jodhpur.
----Respondents For Petitioner(s) : Mr. Rajesh Choudhary & Mr. Pramod Gupta.
For Respondent(s) : Mr. Anil Kumar Gaur, AAG.
Mr. Suniel Purohit, R-2 to 4.
HON'BLE MR. JUSTICE ARUN BHANSALI Order 03/03/2022 This writ petition has been filed by the petitioner aggrieved against non-inclusion of her name in the provisional merit list issued by the respondents for the post of Compounder/Nurse Junior Grade pursuant to Advertisement No.1/2021.
Submissions have been made that the petitioner applied in OBC (NCL) (LV) category. She was called for document verification, however, in the provisional merit list published by the (Downloaded on 03/03/2022 at 08:40:26 PM) (2 of 2) [CW-2907/2022] respondents, name of the petitioner hasn't been reflected in the list either in OBC category or of the Unreserved category though the marks obtained by the petitioner are higher than the cutoff meant for LV category candidates in both the lists.
Learned counsel for the respondents pointed out that as the petitioner had filled her form in OBC (NCL) category and the certificate produced by her in support of her category was either much prior to the date of application or after the last date of application and therefore, the same was not considered in the OBC (NCL) category; and as such, the petitioner is not entitled to any relief.
I have considered the submissions made by the counsel for the parties and have perused the material available on record.
Even if the petitioner is not entitled for consideration of her candidature as OBC (NCL) candidate, admittedly she has marks higher than the Unreserved category candidates and as such in view of judgment in the case of Priyanka Vishnoi vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.2199/2022 decided on 11.02.2022, the petitioner is entitled to migrate to Unreserved category, inasmuch as she has obtained higher marks than the cutoff marks for unreserved LV candidate, the writ petition deserves to be allowed.
Consequently, the petition is allowed. The respondents are directed to include the petitioner's name in the final select list for the post of Compounder/Nurse Junior Grade, if she is otherwise eligible.
(ARUN BHANSALI),J 209-DJ/-
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