Vimal Joshi vs The State Of Rajasthan ...
2023 Latest Caselaw 7047 Raj

Citation : 2023 Latest Caselaw 7047 Raj
Judgement Date : 12 September, 2023

Rajasthan High Court - Jodhpur

Vimal Joshi vs The State Of Rajasthan ... on 12 September, 2023

Bench: Arun Bhansali

[2023:RJ-JD:29044]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12813/2023

Vimal Joshi S/o Omprakash Joshi, Aged About 40 Years, Resident Of Village Khushalpura, Tehsil Raipur, District Pali, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through Its Secretary, Medical, Health And Family Welfare Department, Rajasthan, Jaipur.

2. Director, Rajasthan Medical And Family Welfare Department, Rajasthan, Jaipur.

3. The Chief Medical And Health Officer, Pali, Rajasthan.



                                                                    ----Respondents


For Petitioner(s)            :    Mr. S.K. Verma.
For Respondent(s)            :    Mr. Shreyansh Mehta for Mr. K.S.
                                  Rajpurohit, AAG



             HON'BLE MR. JUSTICE ARUN BHANSALI

                                       Order

12/09/2023

1. This writ petition has been filed by the petitioner seeking a

direction to the respondents to consider the category of the

petitioner as OBC (NCL) instead of OBC (Creamy Layer) for the

post of Assistant Radiographer (Non-TSP).

2. Submissions have been made that pursuant to the

advertisement dated 31.05.2023 (Annex.1), the petitioner applied

for the post of Assistant Radiographer. On account of mistake

committed, the category of the petitioner was indicated as OBC

(Creamy Layer), however, alongwith the application form

certificate indicating the status as OBC (NCL) was uploaded.

3. Further submissions have been made that though the

respondents issued a notice dated 11.07.2023 (Annex.4)

[2023:RJ-JD:29044] (2 of 4) [CW-12813/2023]

permitting corrections in the application form, however, as the

petitioner was unwell, he could not do the needful even at that

time. However, now the respondents have issued the list of

candidates, who have been called for document verification

(Annex.7), wherein those having marks less than the petitioner in

petitioner's category, have been called, but the petitioner has not

been called. When the petitioner approached the respondents

seeking correction in the category, it has not been permitted.

4. Submissions have been made that the category was

mistakenly filled as OBC (Creamy Layer) and therefore, the

petitioner be permitted to make requisite correction.

5. Learned counsel for the respondents made submissions that

the advertisement itself indicated that no corrections would be

permitted. Whereafter, on 11.07.2023, one chance was granted

for making the corrections and as the petitioner has failed to make

the correction, he is not entitled to any relief.

6. Reliance has been placed on Piyush Kaviya & Ors. v. The

Rajasthan Public Service Commission & Ors. : D.B. Special Appeal

(Writ) No.198/2018 and other connected matters, decided on

10.04.2018.

7. I have considered the submissions made by learned counsel

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

8. The facts are not in dispute, wherein the petitioner has filled

up his category as OBC (Creamy Layer) and despite grant of

opportunity on 11.07.2023 (Annex.4) to make the corrections, on

account of hospitalization it is claimed that the petitioner could not

do the needful.

[2023:RJ-JD:29044] (3 of 4) [CW-12813/2023]

9. The issue as raised in the present writ petition is squarely

covered by the judgment in the case of Piyush Kaviya (supra),

wherein the Division Bench of this Court, inter-alia, came to the

following conclusion :-

"29. It needs to be highlighted that seeking public employment the number of applicants swell into thousands for every appointment offered. The cumbersome process of processing the applications manually and at each stage of the selection process manual intervention being time consuming, aid of technology is being taken. On- line applications are being received. Opportunities to correct mistakes in the on-line application forms are provided by opening a window period. When the window period closes, the forms, applications etc. as amended are processed. The computer generates the admit cards. The results of the examination are fed in the computer for various categories of posts and in the instant case, the number being 30, select list based on merits and categories are generated by the computer. The candidates need to be vigilant and specially when, as in the instant advertisement, they were cautioned time and again to check their particulars and a window period within which corrections could be made was made available to the candidates.

30. Whilst it may be true that every endeavour should be made to induct meritorious candidates but at the same time administrative inconvenience caused by permitting applicants to correct errors committed by them has to be kept in mind. It serves public interest that appointments to civil posts are made as early as possible.

31. Thus, the conflict between merit and public interest subserved by timely filling up of public posts has to be balanced. The balance is stuck in the instant case by giving a window period to the candidates to correct the on-line application forms. The balance was stuck by prohibiting any application to be submitted after last date notified.

32. The writ petitioners were negligent. They never disclosed in the on-line application forms submitted that they were nongazetted Government employees. Thus, it was too late in the day for them to seek change in the category in which they had applied after the admit cards were issued by informing the Commission that they were non- gazetted Government employees."