No amendment/correction permitted after submission of the application form.

ORDER :

1. This petition under Article 226 of the Constitution of India has been filed against the decision taken by respondent No.2/CGPSC on 22.3.2010 whereby the petitioner’s application dated 30.11.2009 for correction in the admit card in the category as per provision No.1 of the admit card, has been rejected and she has been treated as a candidate of unreserved category instead of scheduled caste category.

2. Brief facts of the case, as mentioned in the writ petition, are that pursuant to the advertisement dated 20.5.2009 issued by respondent No.2/CGPSC for filling up posts of Assistant Professors in various subjects, the petitioner applied for the post of Assistant Professor in the subject – Sociology. However, in the admit card issued to her which was received by her by post only on the previous day of examination i.e. 28.11.2009, she was mentioned as a candidate of Unreserved Category. After receipt of the admit card, as per provision No.1 of the admit card, she submitted an application on 30.11.2009 to CGPSC for correcting her category as Scheduled Caste but the same was not considered. Thereafter, she submitted a reminder on 10.12.2010 to CGPSC for correction in her category. However, without considering the application of the petitioner, CGPSC declared the result of written examination for the elective subject Sociology which was conducted on 29/30.11.2009 depriving the petitioner of the benefits of reserved quota. Though she had acquired more than the required cut off marks and was fully qualified for the post of Assistant Professor, but due to treating her as a candidate of Unreserved Category, she was not called for interview and thus deprived of getting appointment on the said post. Hence this petition for the following reliefs:

“10.1 That, according to the provision given in the admit card page No.(2) No.1, the application of the petitioner dated 30.11.2011 be taken into consideration for correction of her category from UR to SC category.

10.2 That, the C.G.P.S.C. result of exam dated 29/30.11.2009 be declared including the petitioner in SC category to save the future of the petitioner from getting ruined.

10.3 That, the petitioner be included in SC category and be granted the benefit of belonging to reserved category (SC) and be granted the opportunity to appear for interview.

10.4 Any other relief or relief(s) which this Hon’ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.”

3. Learned counsel for the petitioners submits that without giving any consideration to the application of the petitioner for correction in the category, CGPSC kept her in Unreserved Category whereas she belongs to SC category which is evident from her caste certificate (Annexure P/4). The petitioner made applications twice to CGPSC for correction in her category as per provision No.1 of the admit card, but without paying any heed to it, CGPSC declared the result of the main examination treating her as a candidate of UR category and deprived her of appearing in the interview for the post of Assistant Professor (Sociology). Reliance has been placed on the order dated 1.11.2017 of the High Court of Judicature for Rajasthan Bench at Jaipur in D.B. Civil Special Appeal (Writ) No.1700/2017 in the matter of Kavita Choudhary Vs. Registrar (Examination), Rajasthan High Court and another and judgment dated 10.12.2019 of the High Court of Delhi in WP(C) No.13038/2019 in the matter of Deepika Vs. Union Public Service Commission.

4. On the other hand, learned counsel for the respondents strongly oppose the prayer of the petitioners and submit that as per the petitioner she appeared in the examination for the subject – Sociology which was held on 29th and 30th November, 2009. She had received admit card by post a day before the date of examination. According to her, there was a mistake in the admit card as instead of keeping her in the scheduled caste category, she was kept in unreserved category.

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