Amarati Devi vs The State Of Rajasthan
2022 Latest Caselaw 3298 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B. Civil Writ Petition No. 2907/2022

Amarati Devi D/o Jawara Ram Hudda, aged about 34 Years, R/o 1 L 17, Housing Board, Phalodi, Jodhpur (Raj.).

----Petitioner Versus

1. The State of Rajasthan through the Directorate, Ayurvedic Department, Rajasthan Ajmer.

2. The Registrar, Dr. Sarvepalli Radhakrishan Rajasthan Ayurved University, Jodhpur, Address Karawr, Nagaur Road, Jodhpur.

3. The Deputy Director, Dr. Sarvepalli Radhakrishan Rajasthan Ayurved University, Jodhpur, Address Karawr, Nagaur Road, Jodhpur.

4. The Private Secretary, Dr. Sarvepalli Radhakrishan Rajasthan Ayurved University, Jodhpur, Address Karawr, Nagaur Road, Jodhpur.

----Respondents

For Petitioner(s) : Mr. Rajesh Choudhary & Mr. Pramod Gupta.

For Respondent(s) : Mr. Anil Kumar Gaur, AAG.

Mr. Suniel Purohit, R-2 to 4.

HON'BLE MR. JUSTICE ARUN BHANSALI Order 03/03/2022

This writ petition has been filed by the petitioner aggrieved

against non-inclusion of her name in the provisional merit list

issued by the respondents for the post of Compounder/Nurse

Junior Grade pursuant to Advertisement No.1/2021.

Submissions have been made that the petitioner applied in

OBC (NCL) (LV) category. She was called for document

verification, however, in the provisional merit list published by the

(2 of 2) [CW-2907/2022]

respondents, name of the petitioner hasn't been reflected in the

list either in OBC category or of the Unreserved category though

the marks obtained by the petitioner are higher than the cutoff

meant for LV category candidates in both the lists.

Learned counsel for the respondents pointed out that as the

petitioner had filled her form in OBC (NCL) category and the

certificate produced by her in support of her category was either

much prior to the date of application or after the last date of

application and therefore, the same was not considered in the OBC

(NCL) category; and as such, the petitioner is not entitled to any

relief.

I have considered the submissions made by the counsel for

the parties and have perused the material available on record.

Even if the petitioner is not entitled for consideration of her

candidature as OBC (NCL) candidate, admittedly she has marks

higher than the Unreserved category candidates and as such in

view of judgment in the case of Priyanka Vishnoi vs. State of

Rajasthan & Ors. : S.B. Civil Writ Petition No.2199/2022 decided

on 11.02.2022, the petitioner is entitled to migrate to Unreserved

category, inasmuch as she has obtained higher marks than the

cutoff marks for unreserved LV candidate, the writ petition

deserves to be allowed.

Consequently, the petition is allowed. The respondents are

directed to include the petitioner's name in the final select list for

the post of Compounder/Nurse Junior Grade, if she is otherwise

eligible.

(ARUN BHANSALI),J 209-DJ/-

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