The judgment of Kavita Choudhary (supra) was not considered a binding precedent in the present case, and the court emphasized the importance of filing a change in category or revised form before the date of the application.

JUDGMENT

Sameer Jain, J. - The present writ petition has been filed under article 226 of the Constitution of India for issuing appropriate writ order or direction for giving appointment to the petitioner on the post of Teacher Grade-III, considering him in the category of OBC Non Creamy layer in the light of direction given in the case of Kavita Choudhary vs. The Registrar (Examination), Rajasthan High Court, Jodhpur & anr., D.B. Civil Special appeal (Writ) No.1700/2017 decided on 01.11.2017. Further, by the present writ petition, order dated 17.04.2018 is prayed to be quashed and set aside whereby, the respondents have rejected the candidature of the petitioner.

2. Learned counsel for the petitioner submits that in pursuant to one advertisement dated 11.09.2017 for the post of Teacher Grade-III, the petitioner applied under the category of OBC Creamy layer as per annexure-2 by e-mitra facility. The petitioner was allotted admission card and roll no. under OBC Creamy Layer category. He submits that it was by mistake on the part of e-mitra centre that his application was enrolled under OBC Creamy Layer category whereas, he belongs to OBC Non Creamy layer category and as such, he has filed one representation to the respondents for amending the said category. When the same was not amended, he filed one S.B. Civil Writ Petition No.2707/2018, which was disposed of vide order dated 05.02.2018 with the direction to file a representation to the respondents in the light of Kavita Choudhary's case (supra), if the petitioner is found to be covered by the same.

3. On consideration of the said representation, vide order dated 17.04.2018 (annexure-9), the respondents have rejected the representation of the petitioner relying upon the advertisement dated 11.09.2017 and the terms and conditions issued therein, whereby by virtue of Special Note No. IV, VII & IX, it was specifically mentioned that upon submission of online application form, the same cannot be changed, if there is certain irregularity and if, the final application form is submitted, the contents of the last submitted application will be considered. It was also further clarified in the advertisement that if any wrong or incomplete information is given, the applicant will be responsible for the same and without any notice, the application form can be rejected. The respondents have also relied upon the judgment of co-ordinate Bench of this Court passed in SBCWP Nos.17840/2016 titled Bharti Chauhan vs. State and 3605/2017 titled Priyanka Jangir vs. State wherein, in the similar matters, it was held that the writ petitions cannot be entertained for the change in category at belated stage. Relying upon the same, the petitioner's representation was rejected.

4. Learned counsel has further relied upon annexure-10, which shows that the respondents have taken a biased view and vide order dated 28.03.2018, changed the category of eight candidates and therefore, hostile discrimination and bias is caused. In the present scenario, the present writ petition was filed wherein, the Hon'ble Court has passed ex-parte interim order dated 01.05.2018 and directed the respondents for considering the candidature of petitioner in the category of OBC (NCL) in the counseling in light of judgment of Kavita Choudhary (supra).

5. Learned counsel has further submitted that during the relevant time, judgment of Kavita Choudhary (supra) was in force and in the light of directions given by the High Court on 01.05.2018 and on 05.02.2018 in S.B. Civil Writ Petition No.2707/2018, the respondents should have obeyed the orders of the Court and considered the matter of the petitioner in OBC Non Creamy layer category.

6. Per contra, learned additional advocate General Mr. C.L. Saini submits that the order dated 17.04.2018 (annexure-9) is self explanatory in terms of Special Note Nos. IV, VII & IX of the advertisement dated 11.09.2017. It is absolutely clear that there will be no change in online application form qua the adve