SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2006 Supreme(Raj) 1706

High Court Of Rajasthan
Judgename : N.N.MATHUR,MANAK MOHTA
JASA RAM - Appellant
Versus
R.P.S.C., AJMER - Respondent
D. B. CIVIL REVIEW PETITION DR (J) 3559 Of 2005
Decided On : 05/29/2006

Advocates Appeared:
M.R.SINGHVI

Failure to make a request for change in category within the stipulated period may result in dismissal of the petition, and the court will not review the order unless an error is apparent on the face of the record.

Headnote:

Review Petition - Change of Category - The court dismissed the review petition seeking a change in category for selection in an examination, as the petitioner failed to make the request within the stipulated period and no error was found in the original order.

Fact of the Case:

The petitioner sought a direction for consideration of his candidature against the seat earmarked for the O.B.C. candidate in an examination. The respondent RPSC rejected the request for change in category from 'general' to 'O.B.C.' as it was made after the stipulated period.

Finding of the Court:

The court found that the petitioner's request for change in category was made after the stipulated period and no error was found in the original order. The court dismissed the review petition.

Issues: The main issue was the petitioner's request for change in category from 'general' to 'O.B.C.' after the stipulated period.

Ratio Decidendi: The court held that the petitioner's request for change in category after the stipulated period could not be permitted, and no error was found in the original order.

Final Decision: The review petition seeking a change in category was dismissed by the court.

Judgment

( 1 ) WE have heard learned counsel for the petitioner and perused the order under review.

( 2 ) PETITIONER filed the petition seeking direction that his candidature may be considered against the seat earmarked for the O. B. C. candidate for selection in the Rajasthan administrative and Subordinate Services Examination. The stand of the respondent RPSC was that the petitioner had applied under the "general Category" candidates. He appeared in the examination as a "general Category" Candidate. Later-on, he applied for change in the category from "general" to "o. B. C. ". However, such a prayer was not made within the stipulated period and, therefore, the change was declined. This aspect was considered in depth and detail by the learned Single Judge. Learned Single Judge having found substance in the stand taken by the respondent RPSC, rejected the petition. The Special appeal filed was dismissed by the order under review.

( 3 ) IT is submitted by the learned counsel that the learned single Judge of this Court at Jaipur Bench in almost identical circumstances, has permitted the change even after expiry of the stipulated time.

( 4 ) WE have considered the contentions raised by the learned counsel. Even on his own saying, the matter which he has referred, pertains to change in the "optional subjects" and not the "category". Even otherwise, the ground urged cannot be a ground for review. We find no error apparent on the face of the record, which calls for review of our order.

( 5 ) ACCORDINGLY, the Review Petition stands dismissed.

Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top