Rajasthan High Court - Jodhpur
Pooja Rajpurohit vs Rajasthan Public Service ... on 1 December, 2021
Bench: Akil Kureshi, Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 323/2021
Pooja Rajpurohit D/o Ashok Kumar Rajpurohit, Aged About 27
Years, R/o Laxmi Nagar, Dungarpur, Rajasthan.
----Appellant
Versus
Rajasthan Public Service Commission, Ajmer, Rajasthan Through
Secretary.
----Respondent
For Appellant(s) : Mr. Moti Singh.
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
01/12/2021
This appeal is directed against the judgment dated
16.02.2021 passed by the learned Single Judge in S.B. Civil Writ
Petition No.2394/2020.
The facts are that the appellant applied for the post of
Assistant Statistical Officer pursuant in response to the
advertisement issued by the Rajasthan Public Service Commission
on 28.03.2018. A candidate was required to make a choice
whether he/she would apply for the TSP area posts or Non-TSP
area posts. The appellant made a choice for the TSP area. She
was required to produce a certificate of bona fide resident of
Dungarpur. However, upon verification it was found that she was
not entitled for TSP area consideration and her candidature was
rejected. At that stage, she raised the issue of being considered
for the Non-TSP area posts. Since the authorities did not accept
this, she approached before the learned Single Judge, who
(2 of 3) [SAW-323/2021]
rejected the petition on the ground that the advertisement clearly
provided that for the TSP area only the residents of TSP area
should apply and if residents of other areas, their applications
shall be treated as invalid. The candidates shall have to produce
certificate of residents of TSP area whenever asked for. The
learned Single Judge was of the opinion that the appellant having
applied for the post in the TSP area cannot plead ignorance of the
fact that she was not a bona fide resident of the said area. It was,
therefore, too late for her to change her category, since she
applied in response to the advertisement No.5 which was meant
for TSP area posts.
In our view, the learned Single Judge has not committed any
error. The candidature of the appellant was rejected since she
could not establish her claim belonging to TSP area. Reliance on
the decision in the case of Manish Kumar Nagda and Others
Vs. State of Rajasthan and Others (S.B. Civil Writ Petition
No.8529/2018, decided on 23.07.2018) is absolutely
misplaced. It was a case in which the State authorities had started
the recruitment process for the TSP area as well as Non-TSP area
posts. At that stage, the Central Government issued a notification
on 19.05.2018 declaring certain additional areas as Tribal Sub Plan
Area. This would expand the zone of TSP areas. The residents of
this area, therefore, sought permission to apply for the posts for
TSP areas. This was denied. Upon which the learned Single Judge
by judgment dated 23.07.2018 allowed category change by
extending the benefit of notification dated 19.05.2018 issued by
the Central Government.
Reliance was also placed on the decision of the learned
Single Judge in the case of Suman Inaniyan Vs. State of
(3 of 3) [SAW-323/2021]
Rajasthan and Others (S.B. Civil Writ Petition
No.4465/2020 decided on 25.11.2020) in which the petitioner
who had applied for recruitment as OBC non-creamy layer had
made error in uploading her marks in the relevant examination.
This was allowed to be corrected. Again the facts of the present
case are different.
In the result, the appeal is dismissed.
(SUDESH BANSAL),J (AKIL KURESHI),CJ
22-a.asopa/-
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