Rajasthan High Court
Dr Reena Gahlot Daughter Of Shri C L ... vs The State Of Rajasthan on 15 March, 2022
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 11861/2021
Dr Reena Gahlot Daughter Of Shri C L Khichi, Aged About 34
Years, Resident Of 255, Sudharshan, Padamvati Colony,
Pratham, Govindpura, Beawar, District Ajmer, Rajasthan -
305901.
----Petitioner
Versus
1. The State Of Rajasthan, Through Secretary, Ayurved And
Indian System Of Medicine, Government Of Rajasthan,
Secretariat, Jaipur.
2. The Registrar, Dr. Sarvepalli Radhakrishnan Rajasthan
Ayurved University, Kadwad, Jodhpur- Nagaur Highway
Road, Jodhpur - 342037.
----Respondents
For Petitioner(s) : Mr. Mahi Yadav
For Respondent(s) : Mr. C.L. Saini, AAG
Mr. V. Sharma
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
15/03/2022
Application for early listing is allowed.
Counsel for the petitioner submits that the issue involved in
this writ petition has already been considered and decided by a
Co-ordinate Bench of this Court in the matter of Sunita Vs. State
of Rajasthan & Ors. (S.B. Civil Writ Petition No.14524/2021),
where in on 21.12.2021, the following order was passed:-
"This writ petition has been filed seeking
a direction for the respondents to call
her for document verification and to
accord her appointment on the post of
Compounder/Nurse Junior Grade after
she is found eligible and suitable.
The facts in brief are that the petitioner,
a member of Scheduled Castes (SC)
category, migrated to the State of
Rajasthan after her marriage. Vide
(2 of 3) [CW-11861/2021]
advertisement dated 17.06.2021, the
respondents invited applications for
appointment on the post of
Compounder/Nurse Junior Grade. The
petitioner applied for appointment on
the post of Nurse Junior Grade under SC
category. The petitioner secured
47.782% marks whereas, as per
provisional merit list of SC candidates, a
person securing 35.36% marks was
included therein; but, her name was not
included in the list of selected
candidates. Hence, the writ petition has
been filed with aforesaid prayers.
Learned counsel for the petitioner
contended that as disclosed in the reply
by the respondents, her candidature
under SC category has not been
considered as she has migrated to the
State of Rajasthan after marriage.
Relying on Clause 3(viii) of the
advertisement dated 17.06.2021,
learned counsel submitted that she is
liable to be considered under open
category on account of her merit
position. She submitted that their
Lordships have in case of Gaurav
Pradhan & Ors. Vs. State of
Rajasthan & Ors. and other
connected matters, (2018) 11 SCC
352, held that a reserved category
candidate who has not availed any of
the special concession such as in age
limit, marks, physical fitness etc. in the
recruitment process except the
concession of fee, may be considered for
appointment in the open category. She
submits that indisputably, she has not
availed any such concession and hence,
respondents may be directed to consider
her case under open category.
Shr C.L. Saini, learned AAG did not
dispute the aforesaid factual as well as
legal position.
Heard the learned counsels for the
parties and perused the record.
Though, the petitioner has applied under
reserved category but, except the
relaxation in fee, she has not availed
any special concession. Clause 3(viii) of
the advertisement dated 17.06.2021
provides as under:
"3.(viii) jktLFkku ds vU; fiNM+k
oxZ ,oa vfr fiNM+k oxZ Øhehys;j
(3 of 3) [CW-11861/2021]
Js.kh ds vH;FkhZ rFkk jktLFkku jkT; ls
fHkUu jkT;ksa dh vuqlwfpr tkfr]
vuqlwfpr tutkfr] vU; fiNM+k oxZ]
vfr fiNM+k oxZ ¼Øhehys;j ,oa ukWu
Øhehys;j½ vH;FkhZ lkekU; oxZ ds ekus
tkosxsaA"
In case of Gaurav Pradhan & Ors.
(Surpa), the Hon'ble Apex Court, relying
on the Circular dated 26.07.2017 issued
by the State Government, held that a
candidate under reserved category can
be migrated to open category who has
not availed any of the special
concessions such as in the age limit,
marks, physical fitness etc. except the
concession of fees.
In view of the undisputed facts that the
petitioner has availed relaxation of fee
only, in the back drop of condition
no.3(viii), Circular of the State
Government dated 26.07.2017 and the
judgment of the Hon'ble Apex Court in
case of Gaurav Pradhan & Ors. (supra),
this Court deems it just and proper to
allow the writ petition with the direction
to the respondents to treat the
petitioner as open category candidate
and extend her appointment after
document verification as per her merit
position if she is found eligible in all
respects."
Mr. C.L. Saini, learned Additional Advocate General has not
disputed the submissions made by the counsel for the petitioner.
In that view of the matter, the present writ petition is
disposed of in view of the judgment passed by a Co-ordinate
Bench of this Court in matter of Sunita (supra).
All the pending applications stand disposed of.
(INDERJEET SINGH),J
Upendra Pratap Singh /268
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