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2020 Supreme(Raj) 269

DINESH MEHTA
Rekha Meena – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mahaveer Bishnoi, Advocate, K.S. Rajpurohit, Advocate, Rajat Arora, Advocate

JUDGMENT

Dinesh Mehta, J. - The petitioner has preferred the present writ petition with the grievance that though she had applied under the category of TSP-ST (Female), without claiming any reservation qua the category - Persons with Disabilities, yet the respondents have rejected her candidature, citing the following reason:

    "Out of other PH category"

    2. The facts apropos petitioner's predicament are that pursuant to advertisement dated 30.05.2018, issued for filling up 522 posts of Nurse Grade-II in TSP area, the petitioner submitted her application form as TSP-ST(Female) candidate.

    3. It is pertinent that petitioner had not claimed any reservation under the Person with Disability category.

    4. Petitioner having secured 50.825 marks was called for documents verification.

    5. When petitioner appeared for documents verification, the respondents conducted her medical examination. Therafter, upon publication of provisional select list on 25.11.2019, the petitioner found her name missing, despite having secured 50.825 marks, whereas the cut-off for her category [TSP-ST (Female)] was 49.709 marks.

    6. A list of rejected candidates, while indicating reasons for which their candidature have

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