Keerti Shamra vs State Of Rajasthan
2022 Latest Caselaw 7106 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B. Civil Writ Petition No. 6414/2022

Keerti Shamra D/o Shri Narayan Lal, aged about 28 Years, R/o Illa Ji Ka Chok Kasara Bazar Gangapur, Tehsil Sahada, Bhilwara, Rajasthan.

----Petitioner Versus

1. State of Rajasthan through the Secretary, Ayurved and Indian Medicine Department, Jaipur, Rajasthan.

2. The Director, Department of Ayurved, Ajmer, Rajasthan.

3. Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved University, through its Registrar, Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved University, Karwar, Jodhpur, Rajasthan.

4. The Registrar, Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved University, Karwar, Jodhpur, Rajasthan.

                                                                 ----Respondents


For Petitioner(s)         :     Dr. Nupur Bhati.
For Respondent(s)         :     Mr. Anil Kumar Gaur, AAG.
                                Mr. Suniel Purohit, R-3 & 4.



             HON'BLE MR. JUSTICE ARUN BHANSALI

                                     Order

12/05/2022

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

EWS category. She was called for document verification, however,

in the provisional merit list published by the respondents, name of

(2 of 2) [CW-6414/2022]

the petitioner hasn't been reflected in the list either in EWS

category or of the Unreserved category though the marks

obtained by the petitioner are higher than the cutoff meant for

General category candidates.

Learned counsel for the respondents pointed out that as the

petitioner had filled her form in EWS category and the certificate

produced by her in support of her category was after the last date

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

EWS 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 EWS candidate, admittedly she has marks higher

than the Unreserved category candidates and as such in view of

judgment in the case of Priyanka Vishnoi v. 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 candidates, 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 56-DJ/-

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