Rajasthan High Court
Sunita D/O Chander Singh vs The State Of Rajasthan on 21 December, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14524/2021
Sunita D/o Chander Singh, Aged About 20 Years, R/o VPO
Chhapra, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Ayurved
Department, Government Of Rajasthan, Secretariat,
Jaipur.
2. The Director, Directorate Ayurved Department, Rajasthan,
Ashok Marg, Mali Mohalla, Ajmer.
3. Dr. S. Radhakrishnan Rajasthan Ayurved University,
Through Its Registrar, Nagaur Road, Jodhpur (Raj.)
----Respondents
For Petitioner(s) : Ms. Ashish Joshi with
Ms. Mamta
For Respondent(s) : Mr. C.L. Saini, AAG with
Ms. Srijana Shrestha
Mr. Vishesh Sharma for respondent
no.3
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
21/12/2021
This writ petition has been filed seeking a direction for the
respondents to call her for document verification and to accord her
appointment on the post of Compounder/Nurse Junior Grade after
she is found eligible and suitable.
The facts in brief are that the petitioner, a member of
Scheduled Castes (SC) category, migrated to the State of
Rajasthan after her marriage. Vide advertisement dated
17.06.2021, the respondents invited applications for appointment
on the post of Compounder/Nurse Junior Grade. The petitioner
(2 of 3) [CW-14524/2021]
applied for appointment on the post of Nurse Junior Grade under
SC category. The petitioner secured 47.782% marks whereas, as
per provisional merit list of SC candidates, a person securing
35.36% marks was included therein; but, her name was not
included in the list of selected candidates. Hence, the writ petition
has been filed with aforesaid prayers.
Learned counsel for the petitioner contended that as
disclosed in the reply by the respondents, her candidature under
SC category has not been considered as she has migrated to the
State of Rajasthan after marriage. Relying on Clause 3(viii) of the
advertisement dated 17.06.2021, learned counsel submitted that
she is liable to be considered under open category on account of
her merit position. She submitted that their Lordships have in case
of Gaurav Pradhan & Ors. Vs. State of Rajasthan & Ors. and
other connected matters, (2018) 11 SCC 352, held that a
reserved category candidate who has not availed any of the
special concession such as in age limit, marks, physical fitness etc.
in the recruitment process except the concession of fee, may be
considered for appointment in the open category. She submits
that indisputably, she has not availed any such concession and
hence, respondents may be directed to consider her case under
open category.
Shr C.L. Saini, learned AAG did not dispute the aforesaid
factual as well as legal position.
Heard the learned counsels for the parties and perused the
record.
Though, the petitioner has applied under reserved category
but, except the relaxation in fee, she has not availed any special
(3 of 3) [CW-14524/2021]
concession. Clause 3(viii) of the advertisement dated 17.06.2021
provides as under:
"3.(viii) jktLFkku ds vU; fiNM+k oxZ ,oa vfr fiNM+k oxZ
Øhehys;j Js.kh ds vH;FkhZ rFkk jktLFkku jkT; ls fHkUu
jkT;ksa dh vuqlwfpr tkfr] vuqlwfpr tutkfr] vU; fiNM+k
oxZ] vfr fiNM+k oxZ ¼Øhehys;j ,oa ukWu Øhehys;j½ vH;FkhZ
lkekU; oxZ ds ekus tkosxsaA"
In case of Gaurav Pradhan & Ors. (Surpa), the Hon'ble Apex
Court, relying on the Circular dated 26.07.2017 issued by the
State Government, held that a candidate under reserved category
can be migrated to open category who has not availed any of the
special concessions such as in the age limit, marks, physical
fitness etc. except the concession of fees.
In view of the undisputed facts that the petitioner has
availed relaxation of fee only, in the back drop of condition
no.3(viii), Circular of the State Government dated 26.07.2017 and
the judgment of the Hon'ble Apex Court in case of Gaurav Pradhan
& Ors. (supra), this Court deems it just and proper to allow the
writ petition with the direction to the respondents to treat the
petitioner as open category candidate and extend her appointment
after document verification as per her merit position if she is found
eligible in all respects.
(MAHENDAR KUMAR GOYAL),J
MADAN/53
Powered by TCPDF (www.tcpdf.org)
