Rajasthan High Court - Jodhpur
Priyanka Sharma vs State Of Rajasthan on 21 March, 2022
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3292/2022
Priyanka Sharma D/o Shri Suresh Narayan Sharma W/o Shri
Nitesh Sharma, Aged About 31 Years, (Ews Category), R/o Virat
Nagar, Madanganj-Kishangarh, Tehsil Kishangarh, District Ajmer
(Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Ayurved And
Indian Medicine Department, Government Of Rajasthan,
Secretariat, Jaipur.
2. The Director, Ayurved Department, Ashok Marg, Lohagal
Road, Savitri College Circle, Ajmer.
3. Dr. Sarvepali Radhakrishnan Rajasthan Ayurved
University, Karwar, Nagaur Road, Jodhpur (Raj.) Through
Its Registrar.
----Respondents
For Petitioner(s) : Mr. Yashpal Khileree.
For Respondent(s) : Mr. Anil Kumar Gaur, AAG.
Mr. Suniel Purohit.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
21/03/2022
This writ petition has been filed by the petitioner aggrieved
against the non-inclusion of her name in the provisional merit list
for appointment to the post of Compounder/Nurse Junior Grade
pursuant to the advertisement dated 17/6/2021 in EWS category.
It is inter alia indicated in the petition that the petitioner
applied in the category of EWS, she was in possession of requisite
certificates dated 21/11/2019 & 2/9/2021, which certificates were
produced by the petitioner during the course of document
(2 of 4) [CW-3292/2022]
verification along with an affidavit dated 25/10/2021, however,
the name of the petitioner did not appear in the provisional merit
list, though the marks obtained by the petitioner are higher than
the cut off. The petitioner has made a representation (Annex.13),
however, the same was not considered.
Submissions have been made that the guidelines issued by
the State on 9/9/2015 in relation to the OBC (NCL) certificate
would be application to the EWS cases also and as the petitioner
has produced an affidavit dated 18/10/2021, her case is covered
by the judgment of this Court in Kailash Kumar vs. State of
Rajasthan & Ors. : S.B.Civil Writ Petition No. 2505/2022 decided
on 23/2/2022 and, therefore, the petition be allowed.
Learned counsel appearing for the respondents made
submissions that in terms of condition no. 9.2 of the
advertisement, the certificate issued after the last date of filing
application i.e. 23/7/2021 was not valid and as the certificate
produced by the petitioner was after the cut off date, she was not
entitled for the benefit as EWS category candidate.
Learned counsel for the recruiting agency emphasized that
the certificate dated 21/11/2019 also cannot be taken into
consideration as the same was not the latest certificate and
pertain to the Financial Year 2019-20 and, therefore, she has not
been conferred the benefit of EWS candidate.
During the course of submissions, learned counsel for the
petitioner relied on the affidavit dated 18/10/2021 filed as part of
Annex.10 of the writ petition. By order dated 14/3/2022, time was
granted to the respondents to complete their instructions
pertaining to the filing of said affidavit.
(3 of 4) [CW-3292/2022]
Today, learned counsel for the respondent no.3 - recruiting
agency made a specific statement that while affidavit at page 54
of Annex.10 was available, the so called affidavit dated
18/10/2021 at page 55 (part of Annex.10) was not available on
record as the same has not been filed by the petitioner.
When learned counsel for the petitioner was confronted with
the said aspect, it was insisted that the affidavit was produced
before the respondents and based on the said affidavit, the
petitioner is eligible in view of the judgment in the case of Kailash
Kumar (supra).
A perusal of the affidavit dated 18/10/2021 (page 55 to 57
of the paper book) clearly reveals that the same is a made up
document. The petitioner is a resident of Virat Nagar, Madanganj -
Kishangarh, Tehsil - Kishangarh, District Ajmer and the affidavit is
purportedly sworn on 18/10/2021 at Jodhpur and another affidavit
filed at page 54 has been sworn at Kishangarh on 25/10/2021.
Learned counsel for the petitioner could not explain as to what
prompted the petitioner to be at Jodhpur on 18/10/2021 when her
document verification was to take place on 26/10/2021. If the
petitioner had sworn the affidavit on 18/10/2021 what was the
occasion for again swearing another affidavit dated 25/10/2021.
Even in the representation (Annex.13), wrongly dated
26/10/2022, which is said to have been filed by the petitioner on
the date of document verification, the only reference was made to
the affidavit dated 25/10/2021 and there is no reference to the
purported affidavit dated 18/10/2021.
Besides the above, it would be seen that the affidavit dated
18/10/2021 has been sworn on a stamp of Rs.50/- which was
issued in March, 2019, what was the occasion for using the stamp
(4 of 4) [CW-3292/2022]
issued in the month of March, 2019 in October, 2021 is also not
known.
Apparently, after the judgment in the case of Kailash Kumar
(supra), for the purpose of bringing the case of the petitioner
within the parameters laid down in the said case, the petitioner
has got prepared the above back dated affidavit.
In view thereof, the plea raised regarding filing of the
affidavit dated 18/10/2021 by the petitioner is not only incorrect
but on its face false and it is apparent that the petitioner has
indulged in fabricating evidence.
In view of the above fact situation, as the purported affidavit
dated 18/10/2021 was not filed by the petitioner, the judgment in
the case of Kailash Kumar (supra) would have no application to
the facts of the present case.
In view of the above, action of the respondents in rejecting
the candidature of the petitioner as EWS category candidate
cannot be faulted on any count.
Consequently, there is no substance in the writ petition and
the same is, therefore, dismissed.
(ARUN BHANSALI),J
162-baweja/-
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