Monika Prajapat vs Rajasthan Staff Selection Board
2022 Latest Caselaw 5938 Raj

(1 of 2) [SAW-236/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 236/2022

Monika Prajapat, R/o 7 Rao Colony, Masuriya, Jodhpur, Rajasthan.

----Appellant Versus Rajasthan Staff Selection Board, Jaipur Through Its Director.

----Respondent

For Appellant(s) : Mr. Kuldeep Mathur Sr. Adv assisted by Mr. Rahul Vyas For Respondent(s) : Mr. Vinit Sanadhya

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment / Order

22/04/2022

This Special appeal is preferred by the appellant being

aggrieved with the order dated 02.03.2022 passed by the learned

Single Judge whereby her writ petition has been dismissed.

The case of the appellant is that pursuant to the

advertisement issued by the respondent, she has applied for the

post of 'Patwari', however, due to inadvertence of e-mitra

employee, her category has been mentioned as General instead of

OBC (NCL). After receiving admit card, the appellant approached

the respondent for change of her category, but the same was not

permitted. After declaration of result of the examination, the

appellant again approached the respondent for the change of her

category, but the same was again not permitted, then, the

appellant has filed writ petition, which came to be dismissed by

the learned Single Judge while relying on a Division Bench's

(2 of 2) [SAW-236/2022]

judgment of this Court rendered in the case of Piyush Kaviya Vs.

Rajasthan Public Service Commission, reported in 2018 (1)

WLC (Raj.) UC 767.

It is an admitted case that the appellant has not approached

the respondent for change of her category within the 7 days

window provided by the respondent. The appellant has also failed

to convince the learned Single Judge that after receiving of the

admit card, she has approached the respondent for the change of

her category. The appellant has approached the respondent for

change of her category after declaration of the result. The learned

Single Judge while relying on the judgment passed by the Division

Bench of this Court in Piyush Kaviya's case (supra) has

dismissed the writ petition.

The Division Bench in Piyush Kaviya's case (supra) has

categorically held that a candidate has to apply within the window

provided for the change of category and after the expiry of time,

no further opportunity can be granted to any candidate to change

the category.

Having heard learned counsel for the appellant and after

going through the material available on record, we do not find any

merit in the instant special appeal and the same is dismissed as

such.

Stay petition is also disposed of.

(MADAN GOPAL VYAS),J (VIJAY BISHNOI),J 12-nidhi/-

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