Vinod Kumar Dhaker vs State Of Rajasthan
2022 Latest Caselaw 8789 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

D.B. Spl. Appl. Writ No. 509/2022

Vinod Kumar Dhaker S/o Shri Nathu Lal Dhaker, Aged About 22 Years, Resident Of Village And Post Dhaker Mohalla, Lasariya, Shahpura, District Bhilwara.

----Appellant Versus

1. State Of Rajasthan, Ayurved, Yoga And Naturopathy, Unani, Siddha And Homoeopathy (Ayush) Department, Through Its Secretary, Ayush Bhawan, Sector 26, Pratap Nagar, Jaipur (Raj.).

2. State Of Rajasthan, Department Of Personnel, Through Its Secretary, Secretariate, Jaipur.

3. Director, Ayurveda And Indian Medicine Department, Directorate Of Ayurveda, Ashok Marg, Mali Mohalla, Ajmer.

4. Dr. Sarvapalli Radhakrishnan Rajasthan Ayurveda University, Through Its Registrar, Karvad, Nagaur Road, Jodhpur.

5. Principal, Dr. Sarvapalli Radhakrishnan Rajasthan Ayurveda University, Karvad, Nagaur Road, Jodhpur.

                                                                 ----Respondents


For Appellant(s)            :    Mr. Manoj Bohra.
For Respondent(s)           :    Mr. Anil Kumar Gaur, AAG.


             HON'BLE MR. JUSTICE SANDEEP MEHTA

             HON'BLE MR. JUSTICE KULDEEP MATHUR


                            Judgment / Order

06/07/2022

This appeal has been filed by the appellant to challenge the

judgment of learned Single Bench dated 06.04.2022 passed in

S.B. Civil Writ Petition No.2673/2022. The brief facts of the case

(2 of 5) [SAW-509/2022]

are that the Director, Department of Ayurved, Rajasthan issued an

Advertisement No.01/2021 dated 17.06.2021 for filling up the

posts of the Compounder / Nurse Junior Grade and the last date

for applying for the said post was 23.07.2021. The appellant had

applied in pursuance of the said Advertisement, as OBC, Non

Creamy Layer candidate.

Upon completion of selection process, the authorities called

appellant for document verification. The appellant submitted all

the requisite documents along with OBC (NCL) certificate issued in

his favour by the competent authority on 21.10.2021. Thereafter

provisional merit list was published by the respondents, where the

name of the appellant was not included against OBC (NCL)

category even though the marks obtained by the appellant were

higher than the cut off marks.

Being aggrieved by the non inclusion of his name in the

provisional merit list, the appellant preferred the writ petition

before learned Single Bench. It was argued on behalf of the

appellant that the rejection of petitioner's candidature under OBC

(NCL) category is not justified as he is possessing higher marks

than the cut off for OBC (NCL) category.

In the reply filed before learned Single Bench, the

respondents submitted that all candidates were required to

produce the caste certificate issued by the competent authority

before the last date of application, which in the present case is

23.07.2021 and as the caste certificate dated 21.10.2021 was

submitted by the petitioner after the last date i.e. on 23.07.2021,

his candidature has rightly been rejected for the OBC (NCL)

category.

(3 of 5) [SAW-509/2022]

The learned Single Bench, vide judgment dated 06.04.2022

dismissed the writ petition filed by the appellant holding that the

candidate filing the application form in a particular category, must

be in possession of the requisite certificate, affirming such status.

As the writ petitioner was admittedly not having the required

certificate as on the last date for application, his candidature was

rightly rejected.

Shri Manoj Bohra, learned counsel appearing on behalf of the

appellant contends that in the Advertisement dated 17.06.2021

there was no requirement of submitting the OBC (NCL) certificate

by the last date of applications. The learned Single Judge has

therefore erred in not giving the direction to the respondents to

consider the candidature of the appellant for appointment on the

post of Compounder / Nurse Junior Grade. He further submitted

that the caste certificate issued to the appellant on 21.10.2021

relates to the financial year 2021-22 and, therefore, even if the

same has been issued after the last date of filling of the

application form, the same is valid for the selection process at

hand.

Per contra, learned counsel for the respondents submitted

that in the Advertisement dated 17.06.2021, it has been clearly

indicated that any certificate issued after the last date of

application shall not be considered. The appellant has admittedly

produced a caste certificate issued after the cut off date and

therefore his name has rightly been excluded from the provisional

merit list.

Heard learned counsel for the parties.

(4 of 5) [SAW-509/2022]

In our considered opinion, the judgment of learned Single

Bench does not suffer from any legal infirmity warranting

interference by this Court. It is not in dispute that the last date for

submitting application for appointment on the post of

Compounder / Nurse Junior Grade pursuant to Advertisement

No.01/2021 dated 17.06.2021 was 23.07.2021 and admittedly the

OBC (NCL) certificate has been issued in favour of the appellant by

the competent authority on 21.10.2021.

The condition No.9.2 of the Advertisement No.01/2021 dated

17.06.2021 issued by the respondents reads as under:-

"9.2. vkosnu djus dh vfUre frfFk ds ckn tkjh fd;k x;k dksbZ Hkh izek.k i=

ekU; ugha gksxkA"

In view of the clear and specific condition laid down in the

aforesaid Advertisement No.01/2021 dated 17.06.2021 that the

candidates who were not possessing the qualifications or caste

certificate on the last date for submitting application form against

the advertised posts would not be eligible to be considered for

appointment. Even if the caste certificate possessed by the

appellant pertains to the financial year 2021-22, is of no avail to

him as the same has been issued after the cut off date mentioned

in the Advertisement No.01/2021 dated 17.06.2021.

The condition mentioned in the Advertisement No.01/2021

dated 17.06.2021 is indicative of its mandatory character. One of

the primary purposes which such stipulation serves is enabling the

selecting body to identify number of candidates constituting the

field of eligibility. The condition No.9.2 of the Advertisement

No.01/2021 dated 17.06.2021 issued by the respondents is,

(5 of 5) [SAW-509/2022]

therefore, in conformity with Articles 14 & 16 of the Constitution

of India.

For the reasons aforementioned, this Court does not find any

merits in this appeal, therefore, the same is dismissed. However,

in the peculiar facts and circumstances of the case, there shall be

no order as to cost.

                                   (KULDEEP MATHUR),J                                        (SANDEEP MEHTA),J


                                    44-Prashant/-









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