Rajasthan High Court - Jodhpur
Ibrahim Shah vs The Rajasthan High Court, Jodhpur on 28 July, 2022
Bench: Vijay Bishnoi, Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 9342/2022
Ibrahim Shah S/o Shri Anter Shah, Aged About 43 Years,
Resident Of Village Peer Ki Jaal, Post Virol Bari, Tehsil Sanchore
District Jalore.
----Petitioner
Versus
1. The Rajasthan High Court, Jodhpur, Through Registrar
General.
2. The Registrar (Examination), Rajasthan High Court,
Jodhpur.
----Respondents
For Petitioner(s) : Mr Sravan Sainee
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Judgment / Order
[PER HON'BLE VIJAY BISHNOI,J.]
28/07/2022
This writ petition is filed by the petitioner being
aggrieved with the action of the respondents of rejecting his
candidature for direct recruitment in the cadre of District Judge,
2020 for the State of Rajasthan.
Brief facts of the case are that the respondents invited
applications from the eligible candidates for recruitment in the
cadre of District Judge, 2020 vide Notification dated 05.01.2021.
As per condition No.6, the candidates were required to submit
print out of online application form affixed with passport size
recent colour photograph and signature at the specified place
along with certain documents, whenever directed for the same.
(2 of 5) [CW-9342/2022]
The relevant part of Notification dated 05.01.2021 is reproduced
hereunder:
"6. Candidates shall have to submit print out of
online application form affixed with passport size
recent color photograph & signature at the
specified place along with following documents,
Whenever directed for the same.
a............
b............
c.............
d.............
e. Candidates belonging to SC, ST, OBC or MBC shall
have to produce caste certificate for claiming benefit of
reservation in prescribed format duly issued by the
competent authority, in case OBC (NCL), not prior to
one year from the last date of submission of
application form;"
It is admitted case of the petitioner that he applied in
OBC (NCL) category as being a candidate of other backward class.
The petitioner appeared in the preliminary examination
held on 25.07.2021 and was declared successful. During scrutiny
of the application, the respondents found certain deficiencies in
the online application forms submitted by some of the candidates
and, therefore, notice dated 16.03.2022 was issued to all those
candidates directing them to remove the deficiencies, which were
mentioned against their names. A list of candidates is enclosed
along with Notice dated 16.03.2022 in which name of the
candidates have been figured and the deficiencies have been
pointed out. In the said list, name of the petitioner is figured at
serial No.144 and the following deficiency is pointed out:
"OBC (NCL) Certificate is of invalid period and not in
conformity with Rule 10(2) of RJS Rules, 2010."
In response to the notice dated 16.03.2022, the
petitioner submitted OBC (NCL) certificate issued on 25.03.2022
to the Registrar (Examination) of the High Court and along with
(3 of 5) [CW-9342/2022]
that, he also submitted an affidavit stating that he belongs to OBC
(NCL) category since year 2015 and in relation to that he is in
possession of certificates issued in the year 2015.
The respondents vide notice dated 04.06.2022 rejected
the candidature of the petitioner indicating the reasons. Along
with the notice dated 04.06.2022, a list of candidates, whose
candidatures have been rejected, is attached and name of the
petitioner is figured at serial No.157. The reason for rejecting the
candidature of the petitioner is as under:
"Has not submitted OBC (NCL)/MBC (NCL) certificate,
issued of the relevant period."
Admittedly, the petitioner did not submit OBC (NCL)
Certificate issued not prior to one year from the last date of
submission of application form. The last date of submission of
application form was 27.02.2021, which was later on extended till
31.03.2021, however latest OBC (NCL) Certificate submitted by
the petitioner is of dated 25.03.2022.
From the above, it is clear that the OBC (NCL)
certificate submitted by the petitioner is not in consonance with
condition No.6-e of the Notification dated 05.01.2021.
Learned counsel for the petitioner has argued that the
petitioner belongs to OBC (NCL) category since beginning and the
same is evident from the certificate issued way back on
25.03.2022. Learned counsel for the petitioner has also submitted
that the petitioner could not obtain OBC (NCL) certificate issued
not prior to one year from the last date of submission of
application form on account of Covid Pandemic prevailing
(4 of 5) [CW-9342/2022]
throughout in the country. Learned counsel for the petitioner has,
therefore, argued that the action of the respondents of rejecting
the candidature of the petitioner for non-submission of OBC (NCL)
certificate issued not prior to one year from the last date of
submission of application form is illegal and the same is liable to
be set aside and a direction be issued to the respondents to allow
the petitioner to appear in mains examination in the cadre of
District Judge, 2020.
Heard learned counsel for petitioner and perused the
material available on record.
Admittedly, the petitioner did not submit OBC (NCL)
certificate issued not prior to one year from the last date of
submission of the application form. The last date of submission of
application form was 27.02.2021, which was later on extended till
31.03.2021, however latest OBC (NCL) Certificate submitted by
the petitioner is of dated 25.03.2022. The reasons given by the
petitioner for not obtaining the OBC (NCL) certificate issued not
prior to one year from the last date of submission of application
form are not convincing as many other candidates belonging to
the said category might have furnished OBC (NCL) certificates
issued not prior to one year from the last date of submission of
application form in the prevailing Covid situation throughout in the
country.
It is to be noticed that status of a candidate belonging
to OBC (NCL) category is decided on the basis of financial/social
status and the financial/social status of a member belonging to
OBC (NCL) category cannot remain static and it can change in
many circumstances, therefore, the condition of submitting a
(5 of 5) [CW-9342/2022]
certificate issued not prior to one year from the last date of
submission of application form cannot be said to be unreasonable
or arbitrary.
In such circumstances, we do not find any merit in this
writ petition and the same is, therefore, dismissed.
Stay petition also stands dismissed.
(MADAN GOPAL VYAS),J (VIJAY BISHNOI),J
-masif/-PS
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