Arvind Rao vs The State Of Rajasthan ...
2025 Latest Caselaw 15349 Raj

Rajasthan High Court - Jodhpur

Arvind Rao vs The State Of Rajasthan ... on 12 November, 2025

[2025:RJ-JD:48690]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 22138/2025

Arvind Rao S/o Kodarlal Rao, Aged About 28 Years, R/o Etauva
PO. Barodia, Dist. Banswara (Rajasthan).
                                                                    ----Petitioner
                                    Versus
1.       The State Of Rajasthan, Through Principal Secretary,
         Department Of Medical And Health, Government Of
         Rajasthan, Jaipur.
2.       The Director, National Health Mission, Department Of
         Medical And Health, Government Of Rajasthan, Jaipur.
3.       The    Secretary,    Staff     Selection        Board,    Rajya   Krishi
         Prabandh Sansthan Parisar, Durgapura, Jaipur.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. D.K. Ojha



            HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

12/11/2025

1. Heard.

2. The present writ petition has been filed challenging the non-

consideration of the petitioner in the category of TSP area

pursuant to the advertisement dated 28.01.2025, on the ground

that in the application filled by the petitioner, he did not mention

that he belongs to the TSP area.

3. Learned counsel appearing on behalf of the petitioner

submits that the omission was unintentional and an error occurred

while filling the application. He also relied upon the decision of the

Hon'ble Apex Court in Vashisht Narayan Kumar vs. State of

Bihar & Ors. in Civil Appeal No. 01/2024 wherein it was held

that if any error occurs in the application form and if the error is of

(Uploaded on 12/11/2025 at 05:03:54 PM)

[2025:RJ-JD:48690] (2 of 2) [CW-22138/2025]

a trivial nature, the petitioner cannot be deprived of participation

in the recruitment process. However, if it is a material error, the

omission cannot be allowed to be rectified.

4. In the judgment relied upon by the petitioner, Vashisht

Narayan Kumar (supra), the mistake was only with regard to the

date of birth i.e. the date was mentioned as "08.12.1997" instead

of "18.12.1997" and that mistake led the recruiting authority to

deny the appointment even though the petitioner therein was

eligible for recruitment to the post of Constable.

5. In the present case, the omission pertains to the special

consideration for the TSP area and due to this omission the

petitioner has been excluded from consideration under the TSP

category. The said omission cannot be said to be trivial, as it is a

material omission leading to the exclusion of the petitioner from

the TSP area. However, he is still entitled to be considered under

the non-TSP area, subject to meeting the merit criteria. Therefore,

the impugned judgment has no relevancy.

6. In view of the aforesaid, the present writ petition is devoid of

merit and is liable to be dismissed.

7. In the result, the present writ petition is dismissed.

(MUNNURI LAXMAN),J 213s-PoonamS/-

(Uploaded on 12/11/2025 at 05:03:54 PM)

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