Rajasthan High Court - Jodhpur
Ronak Jarotiya vs The State Of Rajasthan on 19 May, 2022
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17753/2021
Ronak Jarotiya D/o Shri Paras Mal Jarotiya, Aged About 23 Years,
Resident Of Outside Plot No. 09, Kishan Colony, Beawar, District
Ajmer (Rajasthan). At Present Residing At Plot No. 13 Khejla
House, Paota B Road, Dist Jodhpur (Raj.).
----Petitioner
Versus
1. The State Of Rajasthan, Through The Principal Secretary,
Department Of Personnel, Govt. Of Rajasthan, Jaipur.
2. The Secretary, Rajasthan Staff Selection Board, Rajya
Krishi Prabandh Sansthan, Durgapura, Jaipur.
----Respondents
For Petitioner(s) : Mr. Bheru Lal Jat for
Mr. O.P. Sangwa.
For Respondent(s) : Mr. G.R. Punia, Sr. Advocate assisted
by Mr. Rajesh Punia.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
19/05/2022
This writ petition has been filed by the petitioner seeking
change in category from SC (Female) to physically challenged
(Low Vision) pursuant to the advertisement dated 03.03.2020 and
accord her appointment on the post of Junior Engineer.
It is inter-alia indicated that the petitioner applied on the
post of Junior Engineer on 11.03.2020 and indicated her category
as SC (Female). The written examination was held on 12.09.2021
and the result was declared on 23.11.2021.
The petitioner obtained 59 marks and cut-off in her category
was 72.513, whereafter, the petitioner on 25.11.2021, applied to
the Board seeking change in her category from SC (Female) to SC
(2 of 3) [CW-17753/2021]
(Female) (Low Vision), which prayer was not acceded to,
therefore, the present petition has been filed.
Learned counsel for the petitioner made submissions that the
petitioner belongs to B/LV category and as such, she may be
permitted to change her category.
Learned counsel appearing for the respondent-Board made
submissions that the candidates were accorded window from
15.09.2021 to 24.09.2021 to make amendments in the application
form, however, the petitioner, did not avail of the same and only
after the result was declared and found herself not falling within
the cut-off meant for her category, is seeking to change her
category, which is not permissible.
I have considered the submissions made by learned counsel
for the parties and have perused the material available on record.
The petitioner applied in the category of SC (Female) way
back on 11.03.2020 and further based on a disability certificate
dated 01.11.2021 (Annex.4), is seeking to get her category
changed after the result was declared by the respondents.
It is surprising that the petitioner, who is claiming herself as
low vision, has applied in the category of SC (Female) and has
participated in the written examination and has obtained 59
marks. It is not the case of the petitioner that without claiming the
status as person with disability (Low Vision), she was provided any
scribe etc.
In that view of the matter, besides the fact that the prayer
made for change of category, once the result is declared by the
respondents, cannot be granted, in view of the Division Bench
judgment of this Hon'ble Court in Sonal Tyagi Vs. State of
Rajasthan & Ors.: D.B. Civil Writ Petition No. 7840/2019, decided
(3 of 3) [CW-17753/2021]
on 12.07.2019 and RPSC Vs. Yogita Yaduvanshi : DB Civil Special
Appeal (Writ) No. 804/2020, decided on 19.03.2021, the prayer
cannot be countenanced, as the claim made also appears to be
murky.
In view thereof, no case for interference is made out in the
petition, the same is, therefore, dismissed.
(ARUN BHANSALI),J
24-pradeep/-
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