IN THE HIGH COURT OF RAJASTHAN
Dinesh Mehta, J.
Gaurav Sharma – Petitioner
Versus
State of Rajasthan and Others – Respondents
S.B. Civil Writ Petition Nos. 6603, 6851, 6852 of 2015
Decided On : 29-08-2023
| Table of Content |
|---|
| 1. recruitment details and petitioner's application background. (Para 1 , 2 , 3) |
| 2. petitioner requests consideration as obc after exam. (Para 5 , 6) |
| 3. arguments regarding obc eligibility. (Para 7 , 8 , 9) |
| 4. court's analysis of timely eligibility and caste basis. (Para 10 , 11 , 12 , 13 , 14) |
| 5. row over recruitment timeline, existing rights. (Para 15 , 16) |
| 6. writ petitions dismissed. (Para 17 , 18) |
ORDER :
1. All these writ petitions involve common question of facts and law, for which they are being disposed of by this common order. However, for the sake of convenience, the facts of S.B. Civil Writ Petition No. 6603/2015 ( Gaurav Sharma v. State of Rajasthan & Ors.) are being taken into consideration.
2. The respondents invited applications for the post of PTI Grade - II and III vide recruitment notification dated 18.09.2013. The petitioner submitted his application form as General category candidate and an admit card came to be issued for the examination which were held on 21.02.2015, in which he was shown as General category candidate.
3. In the meantime, on 18.09.2013 by way of notification issued by the State Government, petitioner's caste (Pujari Sevak) came to be included in the list of Other Backward Classes (OBC).
4. The written examination was held 21.02.2015 and cut off was declared on 14.06.2015.
5. Before the result could be declared, the petitioner moved a representation before the Secretary, Rajasthan Public Service Commission (hereinafter referred to as “the Commission”) and requested that his candidature be considered as an OBC category candidate while enclosing his caste certificate of OBC (Non- Creamy Layer).
6. The petitioner's candidature was not considered as an OBC candidate, for which, the present writ petition has been filed.
7. Mr. Manvendra Singh, learned counsel for the petitioner argued that on the date of Advertisement itself (18.09.2013), the petitioner's caste came to be included in the castes notified as Other Backward Classes and, therefore, the petitioner's candidature ought to have been considered as an OBC candidate.
8. He argued that when the application form was submitted, the petitioner could not obtain a certificate of OBC (Non-Creamy Layer) and hence, he had to apply as General category candidate for want of requisite OBC (Non-Creamy Layer) certificate. But since, before the result was declared, the petitioner had secured requisite certificate and had requested the respondents to consider his candidature as OBC (Non-Creamy Layer) category candidate, the respondents were under an obligation to consider petitioner's case as OBC (Non-Creamy Layer) category candidate.
9. Mr. Sarwan Kumar, learned counsel for the respondents, on the other hand, submitted that not only the petitioners had furnished their application form but also appeared in the written examinations as General category candidates and simply because their caste came to be included in the list of OBC, they cannot claim consideration of their candidature as OBC (Non-Creamy Layer) category candidates, particularly when their caste certificates showing them to be of OBC category candidates came to be issued on 17.03.2015, after the written examinations were held.
10. Heard the learned counsel for the parties and perused the material available on record.
11. Indisputably, the petitioners submitted their application forms as General category candidates because by such time, they did not have certificate of OBC (Non-Creamy Layer). It is to be noted that even till written examinations were held (21.02.2015), the petitioners were not possessing OBC (Non-Creamy Layer) certificates. The petitioners came into action only on 03.06.2015 and moved the Secretary of Rajasthan Public Service Commission by way of representation that their candidature be considered as OBC category candidates.
12. In the opinion of this Court, the eligibility or candidature of a candidate has to be seen on the date of submitting the application form. Admittedly
Candidature cannot be cancelled due to late submission of OBC Certificate.
The last date for submission of the OBC certificate as relevant for reckoning the OBC status of the candidate.
The court ruled that petitioners failed to demonstrate a common cause of action and selectively presented grievances, leading to the dismissal of their petition regarding the Teacher Grade III select....
A caste certificate's format does not negate its validity if it proves eligibility for OBC status, emphasizing the need for a pragmatic approach in interpreting reservation laws.
Petitioners challenging rejection of candidature for lack of required OBC certificates upheld, confirming compliance with recruitment norms and dismissing claims of illegality.
The court upheld that candidates must submit required OBC certification to be considered eligible under the reservation category as detailed in the recruitment advertisement, thereby validating the r....
Validity of OBC certificate, importance of caste certificates bearing the name of the parent, and inapplicability of reservation benefits through marriage
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.