"This writ petition has been filed seeking a direction for the respondents to call her for document verification and to accord her appointment on the post of Compounder/Nurse Junior Grade after she is found eligible and suitable. The facts in brief are that the petitioner, a member of Scheduled Castes (SC) category, migrated to the State of Rajasthan after her marriage. Vide advertisement dated 17.06.2021, the respondents invited applications for appointment on the post of Compounder/Nurse Junior Grade. The petitioner applied for appointment on the post of Nurse Junior Grade under SC category. The petitioner secured 47.782% marks whereas, as per provisional merit list of SC candidates, a person securing 35.36% marks was included therein; but, her name was not included in the list of selected candidates. Hence, the writ petition has been filed with aforesaid prayers. Learned counsel for the petitioner contended that as disclosed in the reply by the respondents, her candidature under SC category has not been considered as she has migrated to the State of Rajasthan after marriage. Relying on Clause 3(viii) of the advertisement dated 17.06.2021, learned counsel submitted that she is liable to be considered under open category on account of her merit position. She submitted that their Lordships have in case of Gaurav Pradhan & Ors. Vs. State of Rajasthan & Ors. and other connected matters, (2018) 11 SCC 352 , held that a reserved category candidate who has not availed any of the special concession such as in age limit, marks, physical fitness etc. in the recruitment process except the concession of fee, may be considered for appointment in the open category. She submits that indisputably, she has not availed any such concession and hence, respondents may be directed to consider her case under open category.
