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2022 Supreme(Raj) 1576

SANDEEP MEHTA, VINOD KUMAR BHARWANI
State Of Rajasthan – Appellant
Versus
Rekha Swami – Respondent


Advocates appeared:
K.S. Rajpurohit, AAG assisted by Rajat Arora, Advocate, for the Appellant
Vikas Bijarnia, Advocate, for the Respondents

JUDGMENT

1. The instant intra-court appeal has been preferred by the State of Rajasthan for assailing the judgment dated 05.02.2020 passed by learned Single Bench of this Court whereby writ petition No. 1651/2020 preferred by the respondent-writ petitioner was accepted and the State was directed to consider her candidature in the OBC non-creamy layer for selection on the post of Female Health Worker (ANM) pursuant to the recruitment notification issued by the Medical & Health Department on 18.06.2018.

2. The admitted position as is evinced from the record is that while filing the online application form, the respondent selected her category as being OBC non-creamy layer. However, the caste certificate dated 07.06.2019 which was filed along with her application form depicted that she hailed from the OBC creamy layer category.

3. Thus, after document verification, the respondent's name was not reflected in the final select list upon which, she submitted a complaint annexing therein another certificate dated 18.12.2019 wherein her category has shown to be OBC non-creamy layer. She also relied upon a certificate dated 21.03.2013 issued by the Tehsildar Chirawa affirming her status as OBC

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