Rajasthan High Court - Jodhpur
Sawai Singh Rajpurohit vs State Of Rajasthan on 3 August, 2021
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7316/2021
1. Sawai Singh Rajpurohit S/o Shri Prithvi Singh Rajpurohit,
Aged About 26 Years, R/o Bhaniser Chawandiyali, Via
Mathaniya, Tehsil Tinwari, District Jodhpur, Rajasthan.
2. Basant Kumar S/o Shri Chain Singh, Aged About 23
Years, R/o Kishanpura, Bawori Khurd, Tehsil Phalodi,
District Jodhpur, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Medical, Health And Family Welfare Services,
Government Of Rajasthan, Jaipur , Rajasthan.
2. The Secretary, Medical And Health Department Cum
Mission Director, National Health Mission, Nhm Swasthya
Bhawan, C-Scheme, Tilak Marg, Jaipur, Rajasthan.
3. The Director, Medical, Health And Family Welfare Services,
Jaipur, Rajasthan.
4. The Additional Director (Gazetted), Medical And Health
Services, Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Kailash Jangid
For Respondent(s) : Ms. Vandana Bhansali
JUSTICE DINESH MEHTA
Order
03/08/2021
1. Ms. Vandana Bhansali, learned counsel for the respondents,
at the outset, points out that the controversy involved in the
present writ petition is squarely covered by the judgment dated
18.02.2021, passed by this Court in Anju Lata Sharma Vs. State
of Raj. & Anr. : S.B. Civil Writ Petition No.2175/2021.
(2 of 3) [CW-7316/2021]
2. Mr. Kailash Jangid, learned counsel for the petitioner is not in
a position to dispute the aforesaid position of facts and law.
3. In the case of Anju Lata Sharma (supra), this Court has held
as under:-
"14. After hearing learned counsel for the parties,
this Court is of the view that the Division Bench
judgment rendered in case of Kavita Choudhary
(supra) is not of much help to the petitioner,
particularly when the respondents themselves have
granted an opportunity to all the candidates to edit
their application form and carry out requisite
amendment if there was any error; whereas
such opportunity was not granted by the State in
case of Kavita Choudhary (supra).
15. That apart, this Court in its judgment dated
04.08.2017, in Pritam Kunwar (supra) after
considering almost all the judgments on the issue
has held that a candidate cannot claim change of
category once the process has reached at a
substantially advanced stage.
16. In the present case, the provisional select list
has been issued and perhaps that is when, the
petitioner realised that had she applied under the
EWS category, she would have secured
berth in the select list.
17. The petitioner having failed to take due care
and to avail opportunity to amend/edit her
application form has also not even
filed any representation before the issuance of
provisional select list. Thus, she cannot be granted
any relief at this stage.
18. For the reasons above mentioned, the present
petition, therefore, fails."
(3 of 3) [CW-7316/2021]
4. In view of the aforesaid adjudication, the present writ
petition is also disposed of.
5. Stay petition also stands disposed of accordingly.
(DINESH MEHTA),J
39-Ramesh/-
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