In an S.B. Civil Writ Petition, the High Court of Rajasthan dismissed the petitioner's application seeking inclusion of her candidature by correcting her category from OBC Creamy Layer to OBC Non-Creamy Layer, rejecting the plea as devoid of merits.
No relief granted; petition dismissed for lack of merit and insufficient score.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 1011/2017
Mamta Panwar W/o Shri Jitendra Singh, D/o Shri Suresh Kumar Oad, B/c Oad Rajput, Resident Of - Bhilwara, At Present Opposite Panna Lal Ji Gaushala, Near Ongc Office, Royalty Naka Road, Mandore, Jodhpur Raj.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Abhinav Jain |
|---|---|
| For Respondent(s) | : Mr. Sarwan Kumar for |
| Mr. Hemant Choudhary, G.C. | |
| Mr. Vinit Sanadhya for Mr. Mahesh Thanvi |
HON'BLE MS. JUSTICE REKHA BORANA
Order
02/09/2022
The present writ petition has been filed with a prayer to consider and include the candidature of the petitioner for the post of PTI Gr.III Examination-2013 in the category of OBC (Female).
The case of the petitioner is that at the time of the submission of application form inadvertently she filled up her category as General/OBC (Creamy Layer) whereas she was a candidate of OBC (Non-Creamy Layer).
(2 of 3)
[CW-1011/2017]
Learned counsel for the petitioner submitted that the result of the examination conducted in pursuance to the advertisement of year 2013 was declared on 14.06.2015. Learned counsel submitted that she obtained a fresh OBC certificate dated 18.06.2015 according to which she belonged to OBC (NCL) category and therefore, her candidature ought to have been considered qua the category of OBC (Female).
Per contra, learned counsel for the respondents submitted that firstly, the candidature of the petitioner could not have been considered qua the category of OBC (Female) as in the application form she had specifically filled up her category to be General/OBC (CL). Learned counsel submitted that in view of the ratio as laid down in the case of Managing Director vs. Hitesh Kumar & Anr. (D.B. Special Appeal (Writ) No.85/2015) decided on 01.08.2016, no candidate can be permitted to change the category after the submission of application form. Learned counsel further submitted that even if it is assumed that the petitioner’s candidature can be considered qua the OBC (Female) category, she would then also not be selected as she did not score more than the cut off declared for the OBC (Female) category. He submitted that the cut off marks declared for OBC (Female) was 239.13 marks whereas the petitioner scored 220.26 marks therefore also, the petitioner, not falling in merit, cannot be considered for appointment.
Heard learned counsel for the parties and perused the material available on record.
It is admitted on record that the petitioner filled in the form in the category of General/OBC (Creamy Layer). Even after the declaration of the result, in the detailed application form she
(3 of 3)
[CW-1011/2017]
submitted that her category has changed from that which was filled in the application form and further that the said category changed after the submission of the application form. The said fact also is incorrect on the face of it. Learned counsel submitted that the said statement was also an inadvertent mistake on part of the petitioner. In the opinion of this Court, no indulgence can be granted in favour of a candidate who makes continuous mistakes on the premise of the same being inadvertent. Once the candidate has filled up an application form in a particular category, he/she cannot be permitted to change the category after the declaration of the result as held in Hitesh Kumar’s case (supra). Further it is clear on record that the petitioner scored less than cut off marks declared for the OBC (Female) category and therefore too, she cannot claim any sort of interference in her favour.
In view of the above observations, the present writ petition being devoid of merits is hereby dismissed.
All the pending applications stand disposed of.
(REKHA BORANA),J
14-AbhishekS/-
2 issues framed by the court
Whether a candidate can change the category filled in the application form after the declaration of the result.
Whether a candidate who scores below the category cut-off marks can be considered for appointment.
Colour shows how this judgement treated each authority
Managing Director vs. Hitesh KumarExplained¶19
Managing Director vs. Hitesh Kumar & Anr. (D.B. Special Appeal (Writ) No.85/2015)
Mamta Panwar
The State Of Rajasthan
The Rajasthan Public Service Commission
The Deputy Secretary
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
