Rajasthan High Court - Jodhpur
Chandra Kala Arya vs The State Of Rajasthan ... on 1 August, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:31670]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2594/2020
Chandra Kala Arya W/o Late Shri Jitendra Kumar Arya (Dholi),
Aged About 56 Years, Resident Of House No. 2-T40, Hiran Magri,
Sector No. 5, Shanti Nagar, Udaipur (Raj.).
----Petitioner
Versus
1. The State Of Rajasthan, Through Secretary, Medical And
Health (Ayurved) Department, Govt. Of Rajasthan,
Secretariat, Jaipur.
2. The Director, Ayurved Department, Government Of
Rajasthan, Jaipur (Raj.).
3. The Director, Department Of Ayurved, Dr. Sarvapalli
Radhakrishnan Rajasthan Ayurved University, Karwar,
Nagaur Road, Jodhpur (Raj.).
----Respondents
For Petitioner(s) : Mr. AK Swami
For Respondent(s) : Mr. NS Rajpurohit, AAG with
Mr. Praveen Khandelwal
HON'BLE MR. JUSTICE FARJAND ALI
Order
01/08/2024
1. The instant writ petition has been preferred on behalf of the
petitioner seeking following relief:-
"The respondents be directed to rectify the
category of the petitioner and she may be
treated under the category of SC (Widow) and
thereafter she may be called for document
verification and accordingly after verification of
her documents she may be appointed on the
post of Compounder / Nurse Junior Grade in the
respondent department under the category of
SC (Widow) from the date of similar situated
[2024:RJ-JD:31670] (2 of 4) [CW-2594/2020]
other candidates appointed in the respondent
department with back wages and all
consequential benefits alongwith interest @ 18
% p.a."
2. Bereft of the elaborate details, succinctly stated the facts of
the case would be that an advertisement got published on
06.10.2018 for the recruitment of Ayurved Compounder/Nurse
Junior Grade wherein reservation for the widow was provided with
relaxation in age. The petitioner avers that, she being eligible
under widow category for the appointment of the post of Ayurved
Compounder/Nurse Junior Grade, submitted online application
form along with the relevant documents under the category of SC
(Widow) attaching all relevant documents including death
certificate of her husband (Annexure - 4). It is contended that
owing to some inadvertence and human error she, instead of
marking tick on the widow category, marked tick on the married
status and thus, her candidature was rejected. It is the contention
of the learned counsel for the petitioner that the tick mark done
erroneously by the petitioner owing to some human error,
otherwise she had submitted the relevant documents including the
death certificate of her husband, therefore, she ought to have
been permitted to change the category.
3. Shri NS Rajpurohit, learned AAG would submit that here in
this case, not only the petitioner selected the wrong category but
also she was not found eligible for the aforementioned post on
other grounds also. It is further contended that at the time of
moving the application form, she was 54 years, seven months and
some days of age. As per him, even in the relevant category she
was eligible up to 53 years of age only.
[2024:RJ-JD:31670] (3 of 4) [CW-2594/2020]
4. It is further contended that the petition has now become
infructuous because as on date, the petitioner has become more
than 60 years and attained the age of superannuation, thus, now
conducting entire process back would not fructify or cater any
benefit.
5. Heard learned counsel for the parties. Pondered over the
issue.
6. It is well-nigh settled that the category mentioned in the
application form is not permitted to be rectified or amended after
completion of process. Here in this case, the petitioner furnished
details in her application form showing her status to be married
and now after completion of selection process, if she craves for
change of her category, the same is not permissible in view of the
judgment dated 10.04.2018 of Division Bench of this Court
rendered in a batch of writ petitions led by S.B. Spl. Appl. Writ
No.198/2018 (Piyush Kaviya & Ors. Vs. The Rajasthan
Public Service Commission & Ors.). The operative part of the
said order is reproduced as under:-
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
[2024:RJ-JD:31670] (4 of 4) [CW-2594/2020]
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.
7. The judgment (titled as Vashist Narayan Kumar Vs. State
of Bihar & Ors. reported in AIR 2024 SC 248) referred by the
learned counsel for the petitioner would not be applicable in this
case since now she has attained the age of superannuation and at
this juncture, any endeavor by rolling back the process would not
be in the interest of justice or in the interest of the other
candidates who participated in the selection process. There is no
force in the instant petition and the same deserves to be
dismissed.
8. Accordingly, the instant writ petition is dismissed.
9. Stay petition also stands dismissed.
(FARJAND ALI),J
1-divya/-
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