Anil Kumar vs State Of Rajasthan
2022 Latest Caselaw 5478 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5321/2022

Anil Kumar S/o Shri Radhakishan, Aged About 22 Years, Resident Of Village Madasar, Tehsil Pokran, District Jaisalmer (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Rural Development And Panchayati Raj Department, Govt. Of Rajasthan, Jaipur.

2. The Principal Secretary, Department Of Education, Govt.

Of Rajasthan, Jaipur, Rajasthan.

3. The Director (Elementary Education), Education Department, Bikaner.

4. The Additional Director (Administration), Elementary Education, Bikaner.

                                                                ----Respondents


For Petitioner(s)         :    Mr. O.P. Sangwa.
For Respondent(s)         :    Mr. Pankaj Sharma, AAG.



           HON'BLE MR. JUSTICE ARUN BHANSALI

                                    Order

13/04/2022

This writ petition has been filed by the petitioner seeking a

direction to the respondents to permit change in category of the

petitioner for recruitment to the post of Special Teacher Level I

Non-TSP.

Submissions have been made that petitioner had filled up

forms for recruitment to the post of General Teacher Level I Non-

TSP and Special Teacher Level I Non-TSP simultaneously on

05.01.2022.

                                           (2 of 4)                 [CW-5321/2022]



     While   in   General      Teacher        Level     I    Non-TSP,   petitioner

indicated his category as OBC (Non Creamy Layer), which is the

correct category, on account of mistake on part of the employee at

the E-Mitra in the form pertaining to Special Teacher Level I Non-

TSP, his category was filled up as OBC (Creamy).

When the cut-off was published by the respondents on

27.02.2022 (Annex.6) and the name of the petitioner did not

appeared in the list of candidates called for document verification,

the above mistake on part of the E-Mitra employee came to the

light and petitioner made a representation to the respondents on

02.03.2022, which came to be rejected on 24.03.2022 inter-alia

indicated that the candidates were given opportunity between

10.02.2022 to 16.02.2022 to make corrections, however, once the

correction has not been made in the given window, the change, as

desired was not permissible and consequently, rejected the

representation.

Submissions have been made that the mistake on face of the

material available on record is bona-fide, inasmuch as, the form

for General Teacher Level I Non-TSP was filled up at 12:38:31 PM

on 05.02.2022 and for Special Teacher Level I Non-TSP was filled

up at 12:40:31 PM on 05.02.2022 and the fact that in the form

pertaining to Special Teacher, the category was indicated as OBC

(Creamy) was only on account of mistake and, therefore, the

respondents be directed to correct the category of the petitioner

and as the petitioner falls in the cut-off, his documents may be

ordered to be verified.

Learned counsel appearing on caveat contested the

submissions. It was submitted that though the claim made is that

the category was filled up by mistake, in the advertisement it was

(3 of 4) [CW-5321/2022]

specifically indicated that in case of mistake in the application

form, the same can be corrected within the window provided and

after the period for correction is over, no correction would be

permitted in future.

Admittedly, the petitioner has not corrected the purported

mistake within the window provided and as such, the petitioner is

not entitled to any relief in this regard.

Reliance has been placed on Rajasthan Public Service

Commission Vs. Yogita Yaduvanshi: D.B. Civil Special Appeal

(Writ) No.804/2020, decided on 19.03.2021 at Jaipur Bench,

Sonal Tyagi Vs. State of Rajasthan & Ors.: D.B. Civil Writ Petition

No.7840/2019, decided on 12.07.2019, Laxmi Lata Bamaniya Vs.

State of Rajasthan & Anr.: S.B. Civil Writ Petition No.3720/2022,

decided on 21.03.2022.

I have considered the submissions made by learned counsel

for the parties and have perused the material available on record.

The facts as noticed, hereinbefore, are undisputed, wherein,

the petitioner may be on account of mistake committed, has filled

up his category as OBC (Creamy) in the recruitment for Special

Teacher (Level I) (Non-TSP). However, despite grant of window by

the respondents for making requisite corrections, the petitioner,

may be on account of unawareness about the mistake, did not

utilize the window provided by the respondents and the purported

mistake remained as it is.

This Court after referring to the orders in the case of Yogita

Yaduvanshi (supra) & Sonal Tyagi (supra) and taking into

consideration the judgment in the case of Kavita Choudhary Vs.

The Registrar (Examination), Rajasthan High Court, Jodhpur: D.B.

Civil Special Appeal (Writ) No.1700/2017, decided on 01.11.2017

(4 of 4) [CW-5321/2022]

in the case of Laxmi Lata Bamaniya (supra) inter-alia came to the

following conclusion:-

"This writ petition has been filed by the petitioner seeking direction to the respondents to permit the petitioner to change her category from Special Teacher (Level I) (TSP) to General Teacher (TSP).

Learned counsel for the respondents with reference to the judgments in the case of Sonal Tyagi Vs. State of Rajasthan & Ors.: D.B. Civil Writ Petition No. 7840/2019, decided on 12.07.2019 and RPSC Vs. Yogita Yaduvanshi : DB Civil Special Appeal (Writ) No. 804/2020, decided on 19.03.2021, made submissions that change of the said nature is not permissible.

Learned counsel for the petitioner relied on judgment in the case of Kavita Choudhary Vs. The Registrar (Examination), Rajasthan High Court, Jodhpur: D.B. Civil Special Appeal (Writ) No. 1700/2017, decided on 01.11.2017.

In the case of Sonal Tyagi (supra), the Division Bench after considering the judgment in the case of Kavita Choudhary (supra), came to the conclusion that the said judgment cannot be treated as a binding precedent, as the same was in ignorance of previous judgments of Coordinate Benches of equal strength.

The similar view was expressed by another Division Bench in the case of Yogita Yaduvanshi (supra).

In view of the above fact situation, wherein, judgments in the cases of Sonal Tyagi and Yogita Yaduvanshi have laid down that change of category cannot be permitted, no case for interference is made out in the present writ petition, the same is, therefore, dismissed."

Following the order in the case of Laxmi Lata Bamaniya

(supra), the present petition is also dismissed.

(ARUN BHANSALI),J 41-pradeep/-

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