Rajasthan High Court
Sanju Jainth D/O Shri Ramesh Chand ... vs Rajasthan Public Service ... on 11 October, 2022
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14589/2022
Sanju Jainth D/o Shri Ramesh Chand Jainth, Aged About 38
Years, R/o Plot No. 18, Mangal Vihar Extention, Ridhi Sidhi
Choraha, Gopalpura Byepass, Jaipur (Rajasthan)
----Petitioner
Versus
Rajasthan Public Service Commission, Ajmer, Through Its
Secretary.
----Respondent
For Petitioner(s) : Mr. Tarun Jaiman
For Respondent(s) : Mr. M.F. Baig
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
11/10/2022
In pursuance to the advertisement dated 20.07.2021 the
petitioner applied for Rajasthan State and Subordinate Services
(Joint Competitive Examination), 2021. The last date for
submitting the application form was 27.08.2021. The written
examination was conducted by the RPSC on 20.03.2022 and
21.03.2022 and the category-wise result of the examination was
declared by the RPSC on 30.08.2022. After declaration of the
result, the petitioner applied for the change of her category from
SC-Woman to SC-Divorcee on 06.09.2022.
Learned counsel for the petitioner submitted that due to
human error, wrong category has been filled by the petitioner in
her application form. Counsel submits that no third party rights
have been created as of now therefore, prayed that the
(2 of 3) [CW-14589/2022]
respondents be directed to change her category from SC-Woman
to SC-Divorcee.
Learned counsel appearing on behalf of RPSC opposed the
writ petition and submitted that in the advertisement itself the
procedure for change of category has been provided according to
which a candidate who is widow/divorcee/specially abed persons
can change their category prior to conducting the main
examination. Counsel further submits that admittedly the decree
of divorce was granted in favour of the petitioner on 03.10.2016.
Counsel further submits that after declaring the category-wise
result by the RPSC on 03.08.2022, third party rights have already
been created and prayed for dismissal of the writ petition.
In support of his contention, learned counsel relied upon a
judgment passed by Division Bench of this Court at Jaipur Bench
in the case of Rajasthan Public Service Commission Vs.
Yogita Yaduvanshi (D.B. Civil Special Appeal (Writ)
No.804/2020) decided on 19.03.2021.
Heard learned counsel for both the parties and perused the
record.
This writ petition filed by the petitioner deserves to be
dismissed; for the reasons, firstly, according to the procedure
prescribed in the advertisement dated 20.07.2021 the petitioner
can change her category prior to written examination whereas in
the present case the petitioner has admittedly applied for change
of her category after declaration of result, secondly, since the
RPSC has declared category-wise result of the examination,
therefore, third party rights have already been created, thirdly, in
view of the judgment passed by the Division Bench of this Court at
Jaipur Bench in the case of Rajasthan Public Service
(3 of 3) [CW-14589/2022]
Commission (supra) no case is made out for interference by this
Court under Article 226 of the Constitution of India.
Hence, this writ petition is dismissed.
(INDERJEET SINGH),J
RAJAT KUMAR/164
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