Rajasthan High Court - Jodhpur
Durgesh Choudhary vs State Of Rajasthan on 11 August, 2021
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4305/2021
Durgesh Choudhary W/o Shri Puna Ram Choudhary, Aged About
30 Years, D/o Shri Veer Singh Choudhary, Aged About 30 Years,
R/o Village Bankaliya , Tehsil Pipar City, Distt. Jodhpur,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Medical And Family Welfare Department, Jaipur,
Rajasthan.
2. Secretary, Medical Health Department And Mission
Director, Nhm, Rajasthan, Jaipur.
3. Director, Medical And Health Department, Rajasthan,
Jaipur.
4. Additional Director (Administration), Medical And Health
Department, Rajasthan, Jaipur.
5. Chief Medical And Health Officer, Jodhpur, District
Jodhpur, Rajasthan.
----Respondents
For Petitioner(s) : None present
For Respondent(s) : Ms. Vandana Bhansali
JUSTICE DINESH MEHTA
Judgment
11/08/2021
(1) By way of the present writ petition, the petitioner has sought
change of her category from OBC (Creamy Layer) to OBC-NCL.
(2) While pointing out that the selection process is over and
select list has been issued, Ms. Bhansali, learned counsel
appearing for the respondents submits that the issue involved in
the present writ petition is squarely covered vide judgment dated
(2 of 3) [CW-4305/2021]
18.02.2021, passed by this Court in Anju Lata Sharma Vs. State
of Raj. & Anr. : S.B. Civil Writ Petition No.2175/2021.
(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."
(4) In view of the aforesaid adjudication, the present writ
petition is also disposed of.
(3 of 3) [CW-4305/2021]
(5) Stay petition also stands disposed of accordingly.
(DINESH MEHTA),J
20-CPGoyal/-
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