A Rajasthan High Court bench dismissed a writ petition filed by an aspiring Civil Judge candidate seeking a change in his reservation category from OBC creamy layer to non-creamy layer. The court refused relief, applying the ratio of a coordinate Bench.
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{1} DB CIVIL WRIT PETITION NO.5062/2014
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
O R D E R
D.B. CIVIL WRIT PETITION NO.5062/ 2014
AJAY YADAV
Vs.
RAJASTHAN HIGH COURT, JODHPUR THROUGH REGISTRAR GENERAL, RAJASTHAN HIGH COURT CAMPUS, JODHPUR & ANR.
DATE:21.05.2014
HON'BLE THE CHIEF JUSTICE MR. AMITAVA ROY HON'BLE MR.JUSTICE VEERENDR SINGH SIRADHANA
Mr. Dinesh Yadav, for the petitioner. *****
BY THE COURT (PER HON'BLE THE CHIEF JUSTICE) :
Heard Mr. Dinesh Yadav, the learned counsel for the
petitioner.
The writ-petitioner, a contender for direct recruitment to the post of Civil Judge (Junior Division)-cum-Judicial Magistrate First Class in the Rajasthan Judicial Service (for short, hereinafter referred to as “ the Service” ), being aggrieved by the rejection of his request for changing his category from OBC/ SBC creamy layer to OBC/ SBC noncreamy layer, seeks to invoke the extra-ordinary writ jurisdiction of this Court for redress.
The run up of facts leading to the institution of the instant proceeding are that the respondent No.2-Registrar (Examination), Rajasthan High Court, Jodhpur had on 25.11.2013 issued an
{2} DB CIVIL WRIT PETITION NO.5062/2014
advertisement initiating the process for direct recruitment to the post of Civil Judge (JD)-cum-Judicial Magistrate First Class in the Service. Out of 187 posts advertised, 39 were earmarked for OBC candidates. The selection process as detailed in the advertisement was shown to be comprised of preliminary examination followed by main examination and interview. The number of candidates to be admitted to the main examination was determined to be 15 times the number of vacancies (category-wise) subject to rider that the candidates to qualify were to secure the minimum marks as prescribed and further, to meet the cut off marks. Apart from setting out the conditions of eligibility, the advertisement in clear terms required the candidates to traverse it (advertisement) in details and to furnish complete and correct informations as sought for. They were alerted thereby that in the event of incorrect and wrong particulars in their applications, the same would be rejected and they would not be allowed to participate in the examination; a consequence for which they would be solely responsible. The writ-petitioner submitted his on-line application by indicating his category to be OBC/ SBC creamy layer. He was thereafter registered as such and was allowed to participate in the preliminary examination which was held on 23.3.2014. In the results declared on 8.4.2014, the writ-petitioner claims to have scored 76% marks. According to him, though the cut off marks for OBC category was 73%, he has been debarred from partaking the main examination as a OBC candidate as he had wrongly filled his category as OBC/ SBC creamy layer instead of
{3} DB CIVIL WRIT PETITION NO.5062/2014
OBC/ SBC non-creamy layer, for which he has been construed to be a general category candidate. According to him, his name thus did not appear in the list of candidates of OBC category. Situated thus, the writ petitioner submitted a representation before the respondent No.2 along with all testimonials in endorsement of his claim of being a member of OBC/ SBC non-creamy layer. The said respondent having by his communication (Annexure-9 to the writ petition) declined to accede to his request for change of category, he is before this Court.
A coordinate Bench of this Court at Principal Seat at Jodhpur in D.B. Civil Writ Pet it ion No.3331/2014- Sunil Bhanwariya Vs. Regist rar, Examinat ion Cell, Raj ast han High Court , Jodhpur & Anr. (d/d 12.05.2014), on a detailed examination of this plea as well as other incidental contentions, has rejected the challenge, as laid in the instant petition. We are of the view that the determination made in Sunil Bhanwariya Vs. Regist rar, Examinat ion Cell, Raj ast han High Court , Jodhpur & Anr., squarely governs the issues raised in the instant proceeding.
This petition is, thus, dismissed in the same lines.
(VEERENDR SINGH SIRADHANA),J. (AMITAVA ROY),C.J.
/ KKC/ Certificate:
All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.
KAMLESH KUMAR P.A.
1 issue framed by the court
Whether the petition for changing recruitment category from OBC/ SBC creamy layer to OBC/ SBC non-creamy layer should be allowed.
Colour shows how this judgement treated each authority
D.B. Civil Writ Petition No.3331/2014- Sunil Bhanwariya Vs. Registrar, Examination Cell, Rajasthan High Court, Jodhpur & Anr.Applied¶20
D.B. Civil Writ Petition No.3331/2014- Sunil Bhanwariya Vs. Registrar, Examination Cell, Rajasthan High Court, Jodhpur & Anr. (d/d 12.05.2014)
Ajay Yadav
Rajasthan High Court, Jodhpur
Amitava Roy
Veerendr Singh Siradhana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
