Rajasthan High Court - Jodhpur
Balu Ram Meghwal vs State Of Rajasthan on 1 April, 2021
Bench: Dinesh Mehta
(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.
(2 of 4) [CW-13534/2020]
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
(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.
(4 of 4) [CW-13534/2020]
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/-
Powered by TCPDF (www.tcpdf.org)
