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2023 Supreme(SC) 545

AJAY RASTOGI, BELA M. TRIVEDI
SAKSHI ARHA – Appellant
Versus
RAJASTHAN HIGH COURT – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Rishabh Sancheti, Adv. Ms. Padma Priya, Adv. Mr. Anchit Bhandari, Adv. Mr. Suyash Jain, Adv. Mr. Chirag Kalani, Adv. Mr. Zeeshan Ali, Adv. Mr. K. Paari Vendhan, AOR Mr. Abhisar Bhanu, AOR Mr. Prince, Adv. Mr. Archit Upadhayay, AOR Mr. Shubham Mishra, Adv. Mr. Vaibhav Shahi, Adv. Mrs. Prashita Mishra, Adv. Mr. Anvesh Soni, Adv. Mr. Pallav Mongia, AOR Mr. Ankush Mangal, Adv. Mr. Tushar Srivastava, Adv.
For the Respondent(s): Mr. Gopal Jha, AOR Mr. Ajay Choudhary, AOR

JUDGMENT :

Rastogi, J.

1. Leave granted.

2. The present batch of appellants before us are the members of Other Backward Classes (Non-Creamy Layer i.e., NCL); More Backward Class (NCL) and from the category of Economically Weaker Section (EWS), finally qualified in the selection process held for the post of Civil Judge pursuant to an advertisement issued by the respondent dated 22nd July, 2021 but they have not been considered in the category to which they belong for the reason that the certificate of the category which was furnished by each of the appellant is subsequent to the last date indicated in the advertisement, i.e., 31st August, 2021 and each of them unfortunately could not qualify in open category, filed writ petition under Article 226 of the Constitution that came to be dismissed by the Division Bench of the High Court, which is the subject matter of challenge before this Court.

3. The brief facts of the case emanate from the record are that the post of Civil Judge to which we are concerned is included in the Schedule appended to Rajasthan Judicial Service Rules, 2010 (h


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