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SAMEER JAIN
Natwar Singh Shekhawat S/o Shri Kishore Singh Shekhawat – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. The instant petition is filed with the following prayers:-
B. To allow the petitioner to rectify the error committed in detailed application form under the section of “Preference of Department” and petitioner may be allowed to mark his preference as “Rajasthan Commercial Taxes sub-ordinate Services.
C. To direct the respondents to grant all consequential benefits to the petitioner as granted to similarly situated candidates.
D. To pass any other order as this Hon’ble Court may deems fit, just and necessary.”
2. The ineluctable and concise factual matrix of the instant petition, necessary for its just and efficacious disposal, is noted herein-under:-
2.1 That on 02.04.2018, the respondent-RPSC issued an advertisement for the Rajasthan State and Subordinate Services Combined Competitive (Mains) Examination, 2018.
2.2 That vide said advertisement, DC i.e. Departmental Candidates and ME i.e. Ministerial Employe
A bonafide mistake which does not prejudice a third party should be allowed to be cured.
The main legal point established in the judgment is that a person holding lien on a permanent post of an organization falls within the definition of a Departmental Candidate and is eligible to appear....
Appointment discrepancies based on merit require adherence to statutory rules, and procedural delays must not harm candidates' rights to seniority and benefits.
Eligibility for recruitment must strictly adhere to the criteria set forth in the relevant rules and advertisements, particularly regarding experience requirements for departmental candidates.
The court affirmed that the principles of reservation must be applied as per the existing regulations, distinguishing between horizontal and vertical reservations.
Denial of Scheduled Caste status based on caste certificate format is unconstitutional under Article 14, violating rights protected by Section 73 of the Bihar Reorganization Act, 2000.
Trivial errors in application forms should not disqualify candidates from public employment, especially when no malafide intent is present, balancing justice with administrative efficiency.
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