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2017 Supreme(Raj) 314

NIRMALJIT KAUR
Rashmi Indora D/o Tarachand Indora – Appellant
Versus
State of Rajasthan, through Secretary Law and Legal Affairs Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. Kshamendra Mathur.
For the Respondents: Mr. Anil Bissa and Mr. Rajesh Punia.

JUDGMENT & ORDER :

1. The prayer in the present writ petition is to consider the petitioner under O.B.C. Women category instead of General/O.B.C. (Creamy Layer) category for appointment to the post of Prosecution Officer with all consequential benefits.

2. The facts in short are that 284 vacancies of the Prosecution Officer Cadre for the Rajasthan Prosecution Subordinate Service were advertised on 15.05.2015 and 15.07.2015. The Rajasthan Prosecution Subordinate Service Rules, 1978 are applicable to the petitioner. The petitioner filled up online application form and while operating the option in terms of category concerned, she exercised the option General/O.B.C. (Creamy Layer) instead of selecting the option of O.B.C. Women category.

3. While praying for change of the category, learned counsel for the petitioner submitted that the same was on account of bona-fide error. She came to know about the mistake when the result of the preliminary examination was announced on 22.12.2015. She had more marks than the cut off marks under the O.B.C. Women category and her marks were lower than the cut off marks of General/O.B.C. (Creamy Layer) category. It is further stated that the selection pro







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