Reena Choudhary vs The Director Department Of ...
2022 Latest Caselaw 3297 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2928/2022

Reena Choudhary D/o Mahaveer Prasad Saharan, Aged About 32 Years, Resident Of Patta Satyun, Tehsil Taranagar, District Churu, Rajasthan.

----Petitioner Versus

1. The Director Department Of Ayurveda, Government Of Rajasthan, Ajmer.

2. The Registrar, Doctor Sarvepalli Radhakrishan Rajasthan Ayurveda University, Jodhpur, Rajasthan.

----Respondents

For Petitioner(s) : Mr Nishant Motsara.

For Respondent(s)         :     Mr. A.K. Gaur, AAG
                                Mr. Suniel Purohit.



             HON'BLE MR. JUSTICE ARUN BHANSALI

                                     Order

03/03/2022

This writ petition has been filed by the petitioner seeking a

direction to the respondents to consider the candidature of the

petitioner in the category of OBC Female (Non Creamy Layer)

instead of MBC Female (Non Creamy Layer).

Submissions have been made that petitioner applied for the

post of Compounder/Nurse Junior Grade pursuant to the

advertisement No. 1/2021 and inadvertently indicated her

category as MBC (Non Creamy Layer).

The respondent issued list calling the candidates for

document verification, when the petitioner became aware of the

aspect that she had committed the mistake and required the

(2 of 3) [CW-2928/2022]

respondents to change the petitioner's category, which was not

responded.

Now the provisional merit list of the OBC Category has been

issued and the petitioner has obtained higher marks than the cut-

off and, therefore, the respondents be directed to consider the

candidature of the petitioner as OBC (Non Creamy Layer).

A response has been filed by the University/Recruiting

Agency inter-alia indicating that the petitioner, despite providing of

a window for correction vide Annex. R/2/1, did not avail the said

facility and as such, the petitioner is not entitled for the relief

claimed.

Further submissions have been made that even as per the

certificates produced by the petitioner, based on those certificates

also, the petitioner is not entitled to any relief, inasmuch as, none

of the certificate are relevant for the purpose of treating her as

OBC (Non Creamy Layer) category, inasmuch as, while the two

certificates are prior to the relevant period and the last certificate

has been obtained after the last date of application, in terms of

Clause 9.2, the said certificates could not be taken into

consideration and, therefore, the petition deserves dismissal.

Reliance has been placed on Monika Prajapat vs. Rajasthan

Staff Selection Board: S.B. Civil Writ Petition No.2296/2022,

decided on 02.03.2022.

I have considered the submissions made by learned counsel

for the parties and have perused the material available on record.

The claim of the petitioner is that as she has wrongly

indicated her status as MBC (Non Creamy Layer), the respondents

be directed to change her category, however, admittedly, in the

(3 of 3) [CW-2928/2022]

window provided by the respondents, the petitioner did not avail

the benefit of getting the correction in her application form.

The Division Bench in Piyush Kaviya v. Rajasthan Public

Service Commission: 2018 (1) WLC (Raj.) UC 767 has inter-alia

laid down as under:-

"31. Thus, the conflict between merit and public interest subserved by timely filling up of public posts has to be balanced. The balance is stuck in the instant case by giving a window period to the candidates to correct the on-line application forms. The balance was stuck by prohibiting any application to be submitted after last date notified.

32. The writ petitioners were negligent. They never disclosed in the on-line application forms submitted that they were non- gazetted Government employees. Thus, it was too late in the day for them to seek change in the category in which they had applied after the admit cards were issued by informing the Commission that they were non-gazetted Government employees."

The said judgment has been followed by this Court in the

case of Monika Prajapat (supra), wherein, the relief claimed for

changing the category from General to OBC (Non Creamy Layer)

was declined.

In view of the determination made in the case of Monika

Prajapat (supra) following the judgment in Piyush Kaviya (supra),

no case for interference is made out.

The petition has no substance, the same is, therefore,

dismissed.

(ARUN BHANSALI),J 73-pradeep/-

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