Rajasthan High Court - Jodhpur
Prasant Gatiyala vs Rajasthan Public Service ... on 24 March, 2021
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9340/2020
Prasant Gatiyala S/o Shri Ram Chandra, Aged About 26 Years,
By Caste Jat, R/o At Present Plot No. 19, Vaishali Nagar, Ajmer
Permanent Resident Of Bada Bass, Padukhurd, Tehsil Riyabadi,
District Nagaur.
----Petitioner
Versus
1. Rajasthan Public Service Commission, Jaipur Road, Ajmer
Through Its Secretary, Rpsc, Ajmer.
2. State Of Rajasthan, Through Director, Secondary
Education Department, Government Of Rajasthan,
Bikaner.
----Respondents
For Petitioner(s) : Mr. Surendra Singh Choudhary
For Respondent(s) : Mr.Khet Singh
Mr. Deepak Jangid
JUSTICE DINESH MEHTA
Judgment
24/03/2021
1. By way of present writ petition, the petitioner has challenged
communication dated 10.6.2020 whereby his request for
correcting his online application has been rejected.
2. Precise facts for the present purposes are that the petitioner
applied for the post of School Lecturer pursuant to advertisement
dated 13.4.2018. While submitting his online application form on
1.6.2018, he showed his category to be "General".
3. The petitioner, thereafter, submitted an application on
3.6.2020 and requested the respondents to correct his category
viz., "General" to "OBC Non-CremyLayer".
(2 of 3) [CW-9340/2020]
4. The respondent-Commission rejected petitioner's such
application on 10.6.2020 whereagainst, the petitioner has
approached this Court.
5. Mr. Surendra Singh, learned counsel appearing for the
petitioner argued that the respondents have erred in rejecting
petitioner's request for correction in the application form. He
submitted that result was declared on 27.8.2020 and petitioner
having realized his mistake requested the respondent-Commission
to permit him to correct online application form, particularly in
relation to his category.
6. Learned counsel has relied upon the judgment of Division
Bench of this Court rendered in the case of State of Rajasthan Vs.
Datar Singh (DBSAW No.875/2012), decided on 31.7.2013, to
buttress his arguments.
7. Mr. Khet Singh, learned counsel appearing for the
respondent-Commission submitted that in the recruitment
aforesaid, the respondent-Commission has issued two press
releases on 3.5.2019 and 16.1.2020 and permitted the candidates
to apply for requisite changes, however, the petitioner did not
choose to avail such opportunity. Hence, he is not entitled for any
relief.
8. In considered opinion of this Court, the petitioner having
taken part in the process and sleeping over the matter for about
two years, cannot be permitted to carry out the corrections in his
application form.
9. That apart, a look at the terms of the advertisement clearly
shows that it required a candidate to furnish a certificate of OBC-
NCL issued within a year of the application form, whereas the
petitioner has not placed any such certificate on record. The
(3 of 3) [CW-9340/2020]
certificate which the petitioner has relied on has been issued on
2.6.2020.
10. This Court in the case of Pritam Kunwar Vs. State of
Rajasthan & Anr. (SBCWP No.7212/2017) has considered the
judgment of Datar Singh (supra) and all other judgments on the
point and has held that change of category after the process has
proceeded, cannot be permitted.
11. Furthermore, considering that the respondent-Commission
itself had given two opportunities to all the candidates to apply for
requisite changes in the online application form, this Court does
not find any merit and substance in the present writ petition.
12. The writ petition is therefore, dismissed.
13. The stay application as well as the second stay application as
preferred by the petitioner also stands disposed of
(DINESH MEHTA),J
84-CPGoyal/-
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