Petitioner sought change of category from General to EWS for a Medical Officer post. Court dismissed petition because petitioner's date of birth did not meet EWS criteria and the certificate was issued after the application deadline.
Impugned order declining EWS category change is upheld; writ petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJP/011622]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1475/2023
Rohan Garg S/o Shri Manohar Das Garg, Aged About 27 Years, Resident Of Plot No. 8, Sitaram Bazar, Brahampuri, Jaipur (Rajasthan).
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. Naval Saini for |
|---|---|
| Mr. S.N. Kumawat | |
| For Respondent(s) | : Mr.Virendra Lodha, Sr. Adv. assisted by Mr. Rachit Sharma |
| Dr. V.B. Sharma, AAG |
HON'BLE MR. JUSTICE SUDESH BANSAL Judgment
23/05/2023
[2023/RJJP/011622]
[CW-1475/2023]
(2 of 3)
13.11.2022, therefore, petitioner was not allowed to make correction in his application form, though the window for correction was opened by RUHS till 22.11.2022. According to petitioner, he scored 57 marks, therefore, his candidature is required to be considered on merits in EWS category and respondents be directed to change the category of petitioner from General to EWS on the basis of certificate possessed by petitioner. 4. Per contra, learned Senior Counsel appearing for respondent No.2 pointed out that as per the Committee of the State Government constituted under Rule 19 of the Rajasthan Medical and Health Service Rules, 1963, it was decided that for the EWS category (Male) required cut off date of birth would be 30.10.1995 whereas undisputedly the date of birth of petitioner is 18.12.1995, as reflects in his online application form (Ann-4), therefore, petitioner cannot be considered in the category of EWS. In addition, he has contended that undisputedly the EWS certificate relied upon by petitioner is of 16.11.2022, which came to be issued after expiry of last date of submission of online application i.e. 13.11.2022, therefore, on the basis of post dated EWS certificate, petitioner cannot be allowed to change his category. It has also been pointed out that pursuant to the recruitment notification dated 13.10.2022, the selection process has already been over and selected candidates have been given appointment. 5. Counsel for petitioner does not dispute recommendations of the Committee of the State Government, placed on record as AnnR4/1 wherein the required cut off date of birth has been fixed as 30.10.1995. Undisputedly the date of birth of petitioner is
[2023/RJJP/011622]
[CW-1475/2023]
(3 of 3)
18.12.1995, therefore, petitioner does not fall within the criteria fixed by the Committee for considering candidates under EWS category.
stand disposed of.
(SUDESH BANSAL),J
NITIN /15
1 issue framed by the court
Whether petitioner's candidature can be changed from General to EWS category based on a certificate issued after the application deadline.
Rohan Garg
State Of Rajasthan
Rajasthan University Of Health Sciences
Director, Medical, Health And Family Welfare
Sudeesh Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
