IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
DINESH MEHTA, J.
Pritam Kunwar D/o Shri Rajendra Singh – Petitioner
Versus
State of Rajasthan Through the Secretary, Department of Revenue & Ors. – Respondents
S.B. Civil Writ Petition No. 7212 OF 2017
Decided On : 04-08-2017
Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act 1995 - Post of Junior Accountant – Jurisdiction - Recruitment to a post - Writ petition with prayer that petitioners candidature for appointment of post of Junior Accountant be treated in category of Tribal Sub Plan Area - General Women in place of General Women as had been indicated by her in application form - Writ petition are that pursuant to an advertisement issued by respondents - Public Service Commission inviting applications for appointment on post of Junior Accountant and Revenue Accountant petitioner submitted online application showing her category as General Women - It is undisputed fact that a press note Held, This Court is of considered opinion that change in category is not permissible once process has commenced and more particularly written examinations are over – In present case not only examinations were over even selection process is over - Any indulgence if granted to petitioner at this stage would be inequitable to other candidates vying for recruitment - Going through referred judgments it is clear that it has been consistent view of this Court that change of category after submitting application form is not permissible - Petitioner having applied for post of Junior Accountant cannot claim herself to be not aware about seriousness and implications of details furnished by her - Petition Dismissed
1. The petitioner has preferred the present writ petition with the prayer that petitioner’s candidature for appointment on the post of Junior Accountant be treated in the category of ‘Tribal Sub Plan Area - General Women’, in place of ‘General Women’ as had been indicated by her in the application form.
2. The facts giving rise to the present writ petition are that pursuant to an advertisement dated 18.09.2013, issued by the respondents - Rajasthan Public Service Commission, inviting applications for the appointment on the post of Junior Accountant and Tehsil Revenue Accountant, the petitioner submitted online application showing her category as ‘General Women’. It is undisputed fact that a press note dated 25.08.2015 came to be released by the Respondents, notifying that if a candidate wanted to change his preference, an application to this effect, along with requisite fee of Rs.300/- be submitted before 07.09.2015, where after no such request would be entertained.
3. Pursuant to the petitioner’s application, an admit card was issued, permitting her to appear in the written examination to be held on 04.10.2016. The Respondents had granted yet another indulgence, while issuing the admit card and the candidates were provided an other chance for getting change in their particulars, such as name, date of birth and category etc., but however with a stipulation that such request be made prior to the date of examination.
4. The result of such examination was declared on 07.11.2016, where in the petitioner had secured marks 384.15 marks, having competed as a General Category Woman. For the completion of the facts, it may be noted that the said result stood revised on 16.05.2017, wherein petitioner’s marks stood increased to 387.82. The petitioner, thereafter submitted a representation on 23.05.2017 to the Secretary, RPSC and requested to change her category from ‘General Women’ to ‘TSP - General Women’, as she belongs to Tribal Sub Plan Area. As the respondents have not done the needful pursuant to petitioner’s request, the petitioner has approached this Court, with the prayer aforesaid.
5. Mr. Kailash Jangid, learned counsel for the petitioner contended that though the petitioner had mentioned her category as ‘General Women’ at the time of filling her application form, however, before the process was over, she had made a representation on 23.05.2017 and requested the respondents to treat her candidature under the Category of ‘TSP - General Women’. He submitted that until and unless the process is over, the candidate is entitled to change his/her category.
6. In support of his contention, Mr. Kailash Jangid placed reliance upon a Division Bench judgment dated 04.05.2017 rendered by this Court in D.B. Civil Writ Petition No.692/2017 titled as “Neetu Harsh Vs. The State of Rajasthan & Ors.” and submitted that petitioner’s case is squarely covered by the law laid by the Division Bench in the aforesaid judgment.
7. On the other hand, Mr. Rajesh Punia, learned counsel appearing for the respondents submitted that the candidature or the category of an incumbent has to be reckoned as has been mentioned or claimed by him/her in the application form. If the examination conducting authority has granted any liberty for such correction, the same has to be done within the stipulated time or stage. He contended that in the advertisement dated 18.09.2013 itself and so also in the corrigendum dated 31.10.2014, (condition No.4), it was clearly stated that if any candidate belonging to TSP area, wants to change his/her category, the same can be done by furnishing application with requisite fee within the stipulated time. For the sake of convenience, said condition No.4 of the corrigendum advertisement dated 31.10.2014 is reproduced here under:-
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