Rajasthan High Court - Jodhpur
Smt. Mippu vs State Of Rajasthan on 11 February, 2022
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3534/2021
Smt. Mippu W/o Shri Manoj Kumar And D/o Shri Ramji Lal
Kumhar, Aged About 29 Years, R/o Village And Post Seowa ,
Tehsil Rajgardh, Distt. Churu.
----Petitioner
Versus
1. State Of Rajasthan, Through The Director, Medical And Health
Services , Government Of Raj. , Jaipur.
2. The Sub Divisional Officer, Rajgarh, District Churu.
----Respondents
For Petitioner(s) : Mr. Naresh Singh for Mr. Rakesh
Arora.
For Respondent(s) : Mr. Shreyansh Mehta for Mr. K.S.
Rajpurohit, AAG
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
11/02/2022
Learned counsel for the petitioner submits that the issue
involved in the present writ petition is squarely covered by a
decision dated 28.01.2020, passed by this Court in SB Civil Writ
Petition No.276/2020 : Rajesh Kumar Vs. State of Rajasthan &
Ors.
Mr. Shreyansh Mehta, learned counsel for the respondents, is
not in a position to dispute the aforesaid position on facts and law.
For the purpose of clarity and ready reference operative
portion of the judgment in the case of Rajesh Kumar (supra) is
reproduced hereunder :
"12. True it is, that petitioner's certificate dated
14.08.2019 showed his status as 'OBC - creamy
layer'. It is also apparent from the record that the
same was issued as a result of inadvertent error, that
too on the part of Sub Divisional Magistrate,
Anoopgarh. It is also on record that the petitioner has
(2 of 2) [CW-3534/2021]
been issued another certificate dated 23.12.2019,
showing his status as an OBC - non-creamy layer.
13. Reservation is available to a candidate
belonging to 'OBC - non-creamy layer'. Petitioner's
status as OBC - non-creamy layer is not in dispute at
all. His only predicament is that he was issued an
incorrect certificate on 14.08.2019, by the Sub
Divisional Magistrate concerned, which he realized
only when he failed to secure a berth in the select list.
14. Petitioner is now having a certificate dated
23.12.2019, which evinces that he is a candidate
belonging to 'OBC - non-creamy layer' category. Even
his other certificate issued on 27.08.2019 depicts his
correct status. Both the certificates were issued in
pursuance of one application. Petitioner's entitlement
as OBC - non-creamy layer candidate is beyond any
shred of doubt. He cannot be penalized for the fault of
the authority who had issued an incorrect certificate.
His fault was only that he did not check the certificate
when it was issued.
15. In the opinion of this Court, stripping the
petitioner of his selection is too harsh and
disproportionate penalty for his small slip-up of not
verifying the caste certificate before hand."
In view of the above and while following the aforesaid
judgment in the case of Rajesh Kumar (supra), the writ petition
succeeds. The respondents are directed to treat petitioner as an
OBC - non-creamy layer candidate and consider her candidature
accordingly. In case, she finds place in the merit list, she be
accorded appointment subject of course to fulfillment of other
eligibility criteria.
The petitioner shall be given appointment only in the event
of availability of vacancy in her category.
Needful be done within a period of two weeks from today.
The stay application also stands disposed of.
(ARUN BHANSALI),J
89-Rmathur/-
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