Dharamraj Meena vs State Of Rajasthan
2022 Latest Caselaw 3299 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2611/2022

Dharamraj Meena S/o Shri Brijmohan Meena, Aged About 33 Years, Village Balod Dev Narayan Mohalla, Roteda, District Bundi.

----Petitioner Versus

1. State Of Rajasthan, Ayurved, Yoga And Naturopathy, Unani, Siddha And Homoeopathy (Ahysh) Department, Through Its Secretary, Ayush Bhawan, Sector 26, Pratap Nagar, Jaipur (Raj.).

2. State Of Rajasthan, Department Of Personnel, Through Its Secretary, Secretariat, Jaipur.

3. Director, Ayurveda And Indian Medicine Department, Directorate Of Ayurveda, Ashok Marg, Mali Mohalla, Ajmer.

4. Dr. Sarvapalli Radhakrishnan Rajasthan Ayurveda University, Through Its Registrar, Karvad, Nagaur Road, Jodhpur.

5. Principal, Dr. Sarvapalli Radhakrishnan Rajasthan Ayurveda University, Karvad, Nagaur Road, Jodhpur.

                                                                ----Respondents


For Petitioner(s)          :    Mr. Manoj Bora.
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 aggrieved

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

recruitment to the post of Nurse / Compounder Junior Grade

pursuant to the advertisement No.1/2021.

It is submitted by learned counsel for the petitioner that the

petitioner has filled up his application in ST category. He was

(2 of 3) [CW-2611/2022]

called for document verification, wherein, he produced certificate

pertaining to his category. However, in the provisional merit list

issued by the respondents for ST category, though the petitioner

had marks higher than the cut-off, his name has not appeared in

the list. The petitioner has filed objection this regard, however, no

response has been given.

Learned counsel for the respondents made submissions that

petitioner though produced certificate dated 20.10.2021 pertaining

to his category during document verification and as the same was

after the last date of application i.e. 23.7.2021, in terms of Clause

9.2 of the advertisement, the said certificate could not be taken

into consideration and consequently, his candidature has rightly

been rejected.

I have considered the submissions made by learned counsel

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

This Court in Bharti Devi v. State of Rajasthan & Ors. : S.B.

Civil Writ Petition No.2669/2022, decided on 24.2.2022, pertaining

to the same recruitment inter alia came to the conclusion as

under:-

"The present is a case of ST candidate, wherein the certificate issued at any point of time is valid for all times to come, as irrespective of the fact that the certificate is old or new, the caste status does not change and, therefore, the certificate produced by the petitioner including her status as 'ST' is required to be taken into consideration and as the petitioner has obtained marks higher than the last candidate, whose name has appeared in the provisional merit list; her name, if she is otherwise eligible, is required to be included in the merit list."

The issue raised in the present writ petition is squarely

covered by judgment in the case of Bharti Devi (supra).

(3 of 3) [CW-2611/2022]

Consequently, the writ petition filed by the petitioner is

allowed. The respondents are directed to include the name of the

petitioner in ST category in the merit list meant for recruitment on

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

eligible.

(ARUN BHANSALI),J 206-Sumit/-

Powered by TCPDF (www.tcpdf.org)