Niyati Khoraniya Daughter Of Babu ... vs State Of Rajasthan
2022 Latest Caselaw 4259 Raj/2

Citation : 2022 Latest Caselaw 4259 Raj/2
Judgement Date : 28 June, 2022

Rajasthan High Court

Niyati Khoraniya Daughter Of Babu ... vs State Of Rajasthan on 28 June, 2022

Bench: Inderjeet Singh

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 10139/2021

Niyati Khoraniya Daughter Of Babu Lal Khoraniya, Aged About 32
Years, Resident Of Plot No. 67, Lalpura Colony, Sindhi Camp,
Jaipur - 302001
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through The Chief Secretary Govt. Of
       Rajasthan, Secretariat, Bhagwan Das Road, Jaipur.
2.     Rajasthan Staff Selection Board (Rssb), Govt. Agriculture
       Management       Institute       Campus,         Durgapura,     Jaipur   -
       302018, Through Its Secretary.
                                                                ----Respondents

For Petitioner(s)        :     Mr. R.D. Sharma
For Respondent(s)        :     Mr. Sandeep Taneja
                               Mr. K.S. Chandel
                               Mr. Hemant Raj Sharma, for OIC for
                               RSSB



          HON'BLE MR. JUSTICE INDERJEET SINGH

                                    Order

28/06/2022

This writ petition has been filed by the petitioner with the

following prayers:-

"Accordingly it is prayed that your Honour may graciously be pleased to accept and allow this writ petition by:

(i) passing an appropriate writ, order or direction to the respondent No. 2 to allow the petitioner to appear in the ensuing examination of Phase II (Final) of Direct Joint Recruitment of Stenographers-2018 under the O.B.C. Female Divorcee category to be held by RSSB in near future.

(ii) Any other order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner."

(2 of 5) [CW-10139/2021]

Brief facts of the case are that in pursuance to the

advertisement dated 04.07.2018 issued by the respondent-

Rajasthan Staff Selection Board (hereinafter to be referred as

'Board'), the petitioner applied for the post of Stenographer under

the category of OBC Female Non-Creamy layer and the last date

for submitting the application form was 10.08.2018. However,

after issuance of the advertisement, considering the difficulties of

number of candidates with regard to certain suitable

amendment/corrections including change of category, a press note

dated 24.03.2021 was issued by the Board granting opportunity to

the candidates to make necessary corrections in the application

form as clarified in the press note dated 24.03.2021 from

01.04.2021 to 10.04.2021. Thereafter, the first phase of

examination was conducted and its result was declared by the

Board on 16.07.2021. Admittedly, the petitioner applied for

change of her category from OBC Female to OBC Female Divorcee

category on 23.10.2021 which is much even after the declaration

of result.

Counsel for the petitioner submitted that on the last date of

submitting the application form i.e. 10.08.2018 the status of the

petitioner was married, as such she applied under the category of

OBC Female (non-creamy layer) and so far as her status of

divorcee is concerned, that came into effect from 29.01.2021

which is the date when the decree of divorce was passed by the

competent court of jurisdiction. Counsel further submits that the

petitioner failed to change her category between 01.04.2021 to

10.04.2021 due to the reason that she was not aware about the

same and came to know only on 10.04.2021 (last date for

applying for correction) on which day she immediately rushed to

(3 of 5) [CW-10139/2021]

the office of E-Mitra but due to the poor internet connectivity and

server being down, she could not succeed in applying for

correction in her category for which she may not be held to be at

fault. Counsel further submits that vide interim order dated

14.09.2021, the petitioner was permitted to appear in the second

phase of examination for Stenographer-2018 and lastly prayed

that the petitioner is a divorcee lady, respondent be directed to

treat and declare her result in the category of OBC Divorcee.

Counsel appearing on behalf of the Board submitted that the

petitioner failed to change or make correction in the application

form in her category between 01.04.2021 to 10.04.2021 despite

opportunity being granted by the Board vide Press Note dated

24.03.2021 for necessary corrections in the application form.

Counsel further submits that it was specifically mentioned in the

Press Note dated 24.03.2021 that no further opportunity shall be

granted for change of category or make corrections in the

application form. Counsel further submits that the petitioner

applied for change of her category even after declaration of result

of first phase of examination on 23.10.2021 which cannot be

permitted at such belated stage as the third party rights were

already created by that time. Counsel further submits that exactly

the same point/controversy has been examined and decided by

the Division Bench of this Court at Principal Seat, Jodhpur in the

matter of Monika Prajapat Vs. Rajasthan Staff Selection

Board, Jaipur (D.B. Spl. Appl. Writ No.236/2022) vide order

dated 22.04.2022 which reads as under :-

"This Special appeal is preferred by the appellant being aggrieved with the order dated 02.03.2022 passed by the

(4 of 5) [CW-10139/2021]

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 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.