Mustak Khan vs The Rajasthan High Court, Jodhpur
2022 Latest Caselaw 8899 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 15900/2021 Mustak Khan S/o Mukarab Khan, Aged About 42 Years, Caste Kayamkhani, Category Obc (Non Creamy Layer), Resident Of Village Post Chhoti Chhapri, Tehsil Didwana, District Nagaur, Pin 341303 (Rajasthan).

----Petitioner Versus

1. The Rajasthan High Court, Jodhpur, Through Its Registrar General, Jodhpur.

2. The Registrar (Examination), Rajasthan High Court, Jodhpur.

                                                                ----Respondents


For Petitioner(s)         :     Mr. Rahul Choudhary
                                Mr. Rajak Khan Haider
For Respondent(s)         :     Dr. Sachin Acharya Senior Advocate
                                assisted by
                                Mr. Manvendra Singh



       HON'BLE THE CHIEF JUSTICE MR. S S SHINDE
            HON'BLE MR. JUSTICE RAMESHWAR VYAS

                                    Order

07/07/2022

In pursuance of the notification dated 05.01.2021 for

competitive examination for direct recruitment to the cadre of

District Judge, 2020 under the Rajasthan Judicial Services Rules,

2010, the petitioner applied online application form in the General

category. He appeared in the preliminary examination and

secured 92 marks, whereas the cut off marks remained 96. He

obtained required certificate of OBC Non-Creamy Layer

(afterwards referred to as "OBC (NCL)") category on 02.03.2021

after last date i.e. 27.02.2021 for submitting online application

form. However, the date was extended by another notification

(2 of 5)

upto 31.03.2021. As per averment made in the writ petition, after

issuing notification for extension of date, the petitioner was not

provided opportunity to re-submit the online application form in

the revised category. In the absence of any instruction regarding

re-submission of the online application form the petitioner was

deprived to get benefit of reservation of OBC (NCL) category. As

per averment made in the writ petition, the petitioner submitted

his online application form through E-mitra. The online application

form of the petitioner was submitted under the General Category

by the Computer Operator instead of submission under OBC (NCL)

category in boan fide manner. The applicants like petitioner

without instructions of the respondent authority could not submit

their another application form during the extended period. If the

respondents would have given such opportunity to re-submit new

application form or edit their previous application form on getting

due certificate of OBC (NCL) after first cut off date, then justice

may be made towards aspirants like petitioner. As per the prayer

made in the writ petition, the petitioner be declared qualified for

main examination under the OBC (NCL) category and be allowed

to participate in further selection process.

In response to the writ petition, the respondents filed reply.

As per reply the petitioner never approached help line of the

respondents for change of category. The category of the petitioner

was also mentioned in the admit card. The petitioner did not make

any endeavour to get the same corrected. The petitioner did not

make any request for change of any category prior to declaration

of the result, whereas the result of preliminary examination had

already been declared on 16.09.2021.

(3 of 5)

During the course of arguments learned counsel for the

petitioner while relying on the judgment of this Court in Kavita

Choudhary v. The Registrar (Examination), RHC, Jodhpur & Anr. :

D.B. Civil Special Appeal (Writ) No. 1700/2017 submits that bona

fide mistakes should be allowed to be corrected at latter stage.

Learned counsel for the petitioner submits that petitioner

belongs to OBC (NCL) category and on account of his bona fide

mistake he applied in the General category. He submits that no

opportunity was given by the respondents to correct the human

error in recruitment process though last date for submitting the

online form was extended. He further submits that the petitioner

also obtained certificate in the respective category from the

competent authority before extended cut off date for filing the

online application form. He also submits that if the petitioner is

allowed to appear in the main examination, as he obtained more

marks than the cut off marks in the OBC (NCL) category, no

prejudice would cause to anybody.

On the other hand, learned counsel for the respondents while

relying on the judgment of this Court in Sunil Bhanwariya v.

Registrar, Examination Cell, RHC, Jodhpur & Anr. submits that the

petitioner having participated in the preliminary examination in

the General category cannot raise this issue at belated stage after

declaration of the result for the post of District Judge.

Heard learned counsel for the parties and perused the

material available on record.

As per admitted factual position of the present case, in

pursuance of 85 vacancies advertised for the post of District Judge

Cadre under Rajasthan Judicial Services Rules, 2010 in various

categories, the petitioner applied in the General category. It is not

(4 of 5)

in dispute that admit cards for the preliminary examination were

uploaded on the official website of Rajasthan High Court on

08.07.2021; the preliminary examination was conducted on

25.07.2021; the result for the same was declared on 16.09.2021

and the present writ petition has been filed only after declaration

of the result of preliminary examination. It is also not in dispute

that the petitioner failed to secure cut off marks in the General

category.

In the considered opinion of this Court, having participated in

the examination and knowing that he has applied in the General

category, he cannot be allowed to change his category from

General to OBC (NCL) category. No prima facie case is made out

by the petitioner. He did not file any proof to the effect that he

made any endeavour to change his category in the application

form from General to OBC (NCL).

In the case of Gawaraja Suthar v. The Rajasthan High Court,

Jodhpur & Anr. : D.B. Civil Writ Petition No. 16461/2021 the

prayer seeking category change was rejected by this Court in the

following terms:-

"With respect to the petitioner's first grievance relating to demand for category change, we do not think that it is proper and justified as per the facts. The petitioner had appropriate opportunity to fill up the form and mark correction if there was any inaccuracy at that stage. The petitioner having participated on the basis of the form filled by her, cannot be permitted to make a change in the category at a belated stage. We may record that the shortlisting of the candidates after the initial screen test is category-wise. The petitioner who has awaited the declaration of the result for the screening test, at a belated stage, in any case, cannot be permitted to make the change."

There is no reason to differ from the view taken by this Court

in Gawaraja Suthar's case (supra).

(5 of 5)

In the matter of Sunil Bhanwariya (supra) also this Court

while disallowing the writ petition held as under:-

"To reiterate, the advertisement had duly cautioned the candidates not only to be guardedly careful to ensure that correct and complete informations are furnished in their applications, it was clarified as well that after submission thereof, no respect for alteration of any entry would be permitted. This assumes great significance in view of the post and the service involved and also the academic level as well as the degree of alertness and responsibility expected of the candidates therefor. Significantly, the request by the writ-petitioner for alteration of his category was made after the declaration of the results in the preliminary examination and non-inclusion of his name in the list of OBC/SBC non- creamy layer category. He having himself specified his category to be OBC/SBC creamy layer, his grievance that though he had scored higher marks than the cut off marks of the OBC/SBC non-creamy layer category thus, in our comprehension, is of no significance."

The judgment cited by learned counsel for the petitioner in

the matter of Kavita Choudhary (supra) is not helpful to the

petitioner. In that matter without propounding any principles of

law this Court allowed the relaxation. Whereas in the matter of

Sunil Bhanwariya (supra) the issue has been considered,

discussed and decided. We are in full agreement with the decision

taken in the above matter of Sunil Bhanwariya (supra), as also in

the matter of Gawaraja Suthar (supra).

Consequently, there is no merit in the writ petition the same

is, therefore, dismissed.

The stay application also stands dismissed.

                                   (RAMESHWAR VYAS),J                                             (S. S. SHINDE),CJ


                                    57-AK Chouhan/-









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