JUDGMENT :

Sanjeev Prakash Sharma, J.

1. The petitioner, by way of this writ petition, has prayed to direct the respondents to change Category of the petitioner as NGE Category as third party rights have not been created.

2. Learned counsel for the petitioner submits that the petitioner had by mistake left out mentioning of being from NGE Category at the time of filling of the preliminary examination form. Learned counsel submits that on account of such a mistake, the petitioner should not be deprived of being allowed in NGE Category. Learned counsel also submits that no third party rights would be affected, if his category is changed from RG Category to NGE Category.

3. Learned counsel relies on the judgment passed in the case of Kavita Choudhary vs. Registrar (Examination), Rajasthan High Court, Jodhpur: D.B. Special Appeal (Writ) No. 1700/2017 decided on 1.11.2017 and also relies on the judgment passed in the case of Kuldeep Singh Shekhawat vs. RPSC, Ajmer: SBCWP No. 19329/2018 decided on 24.10.2018.

4. I have considered the submissions as above.

5. The Rajasthan Civil Services Combined Competitive Examination Rules, 1999 provides a special quota for NGE Category as under:

(2) In order to be eligible to compete at the Combined Competitive Examination, an employee referred to in sub-rule (1), must satisfy the following conditions, namely:-

(i) Educational Qualifications:- As prescribed in rule 12 of these Rules.

(ii) Age:- He must have attained the age of 25 years and must not have attained the age of 40 years on the 1st day of January next following the last date fixed for receipt of applications.

(iii) Experience:- He must have completed not less than five years of service whether officiating or substantive, on the 1st day of January next following the last date fixed for receipt of applications.

6. The said aspect is clearly highlighted in the advertisement, which is published for the purpose and seats are also specially reserved under the NGE Quota, which are mentioned in the advertisement dated 2.4.2018. Thus, a candidate, who applies under the NGE Quota, gets a special reservation under the said advertisement and the entire selection process clearly outlines the same. In the present advertisement dated 2.4.2018, there were 25 posts of state level, which were marked as NGE Quota. The Scheme of the Examination for RAS & Combined Competitive Examination provides for three tier process, namely, preliminary examination, main written examination and interview. For the purpose of preparing of the merit, the marks of main examination and the interview are counted while marks of the preliminary examination are not counted.

7. The petitioner cleared the preliminary examination as a candidate under the RG Category for the main examination when the admit card was issued, he was shown as an RG Category candidate and it appears that the petitioner cleared the main written examination and thereafter, he has become wise and moved an application on 1.9.2020 praying that he should be treated in NGE Category. Thus, he has remained silent at that time when he appeared in the main written examination.

8. In Kavita Choudhary (supra), the case related to appointment of LDC and different judgeships where the process of selection is only single tier. Similarly, in the case of Kuldeep Singh Shekhawat (supra), the candidates had approached the Court even before the preliminary examination was conducted. Taking into consideration aforesaid aspect, the Court allowed the candidates to get their category changed as no third party rights have been created at that stage. However, in the present case, this Court notices that marks obtained in the main examination are also counted along with the marks obtained in the interview for assessment of the merit. Thus, a candidate, who has appeared in NGE Category for main examination would expect his marks obtained in main examination to be counted with the interview marks for preparation of his merit under the NGE Quota.