JUDGMENT :

Chandra Kumar Songara, J.

1. Appellant-Rajasthan Public Service Commission has filed the appeal challenging the order dt. 27.09.2019 passed by the learned Single Judge, whereby, writ petition filed by Respondent No. 1 was allowed.

2. Learned state counsel has submitted that appellant had applied for the post of Junior Accountant in pursuance to the advertisement dated 18.09.2013. Last date for filling up the form was 15.05.2015. As per Annexure-R/2 (attached to the reply to writ petition), the last date for submission of change of category was 01.10.2016. So far as Respondent No. 1 is concerned, he had sought that his candidature be considered in the category of physically handicapped person vide representation dated 20.02.2017. In this factual background, learned Single Judge fell in error in allowing the writ petition filed by Respondent No. 1.

3. Learned counsel for Respondent No. 1 has submitted that appellant had become physically handicapped person after he had submitted the application form. As per Annexure-R/1 placed on record by the appellant, in case of physically handicapped person, correction or change in category could be made before the declaration of the final result. It was evident from the order dated 14.11.2017 Annexure-5 (attached to the writ petition), whereby representation submitted by Respondent No. 1 was dismissed, that initially result was declared on 07.11.2016 and thereafter from time to time the result was revised and final result was declared on 07.06.2017. Respondent No. 1 had sought change in category before the declaration of the final result. Hence, the writ petition had been rightly allowed by the learned Single Judge.

4. Respondent No. 1 had applied for the post of Junior Accountant in pursuance to the advertisement dated 18.09.2013. Admittedly, the last date of submission of the form, initially, was 20.10.2013 and the same was later extended upto 15.05.2015.

5. As per the guidelines of Rajasthan Public Service Commission Annexure-R/1 (attached with reply to writ petition), physically handicapped person category could seek change/correction as under:-

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6. Examination was held on 04.10.2016 and result was declared on 07.11.2016. Respondent No. 1 approached the appellant seeking change of his category to physically handicapped person by filing representation dated 20.02.2017. Since, the representation filed by the respondent was not decided, respondent approached this court by way of S.B. Civil Writ Petition No. 3353/2017. The said writ petition was disposed of vide order dated 23.03.2017.

7. Order dated 23.03.2017 reads as under:-

"The present writ petition has been filed under Article 226 of the Constitution of India, praying that a direction be given to the respondent RPSC to consider the petitioner in the category of Physically Handicapped candidates.

This Court on 8.3.2017, had passed the following order:-

"Prima facie, I have doubts regarding the genuineness of medical certificate (Annaxure-5) issued in favour of the petitioner.

Petitioner is directed to appear before the Medical Superintendent, SMS Hospital, Jaipur. Medical Superintendent, SMS Hospital, Jaipur shall constitute a Board of three doctors which shall include Professor of Ort