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2024 Supreme(Raj) 1645

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Farjand Ali, J.
Laxmi Soni D/o Shri Naresh Kumar Soni - Petitioner
Versus
The State Of Rajasthan, Through The Deputy Secretary To Government, Department Of Ayurved – Respondents
S.B. Civil Writ Petition No. 10739/2024
Decided On : 23-10-2024

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Chetan Prakash Soni
For the Respondent: Mr. Suniel Purohit

IMPORTANT POINT
Candidates cannot amend application forms after the specified deadline, ensuring administrative efficiency in recruitment processes.

Headnote:

(A) Constitution of India - Article 226 - Writ petition seeking correction in application category for recruitment - Petitioner claimed inadvertent error in application form - Court held that candidates must verify entries before submission and cannot amend after deadline - Cited previous judgments establishing that corrections post-deadline are not permissible - Court emphasized the importance of timely recruitment processes and administrative convenience. (Paras 1-11)

(B) Recruitment Process - Candidates must adhere to specified timelines for application corrections - Administrative efficiency must be balanced with the right to fair consideration in recruitment. (Paras 6-10)

ORDER :

Farjand Ali, J.

1. The petitioner has preferred the instant writ petition under Article 226 of the Constitution of India seeking a direction for the respondents to consider her candidature for the post of Compounder/Nurse Junior Grade in Non TSP category in the recruitment process initiated vide the advertisement No.1/2023 issued by the Department of Ayurveda, Yoga and Naturopathy, Yunani, Siddha & Homeopathy (AYUSH), Government of Rajasthan.

2. The petitioner submitted her online application form in pursuance of the aforesaid advertisement. It is the case of the petitioner that while she was making rectification in the application form within the time window provided for the said purpose, at that time, due to inadvertance and typographical error, her category was changed to "TSP Area" from "Non-TSP Area". The petitioner came to know of this mistake when she called for document verification under the category of "TSP Area". The petitioner contacted the respondent authorities for correction in the category, however, she was not allowed to do so. Being aggrieved of the same, she has preferred the instant writ petition.

3. The issue involved in this writ petition is squarely covered by the order passed by this court in the case of Reena Choudhary & Ors. Vs. State of Rajasthan & Ors. [S.B. Civil Writ Petition No. 10878/2024 decided on 22.08.2024], the relevant part of which is reproduced hereinbelow for the sake of ready reference :-

    "3. Learned counsel for the petitioners submits that the petitioners are meritorious candidates and have attained more than the cut off marks, but due to bonafide mistake, which occurred due to website problem, they are being deprived of recruitment, whereas the persons less meritorious than them are going to be appointed. Learned counsel for the petitioners submits that the selection process has yet not been completed and thus, no third party rights have been created, therefore, the respondents may be directed to allow the petitioners to make correction in their category and include them in the selection process in the category to which they belong. To substantiate his submission, learned counsel for the petitioners has place reliance on the following judgments :-

    (1) Vashist Narayan Kumar Vs. State of Bihar & Ors. [AIR 2024 SC 248]

    (2) Dolly Chhanda Vs. Chairman, JEE & Ors. [AIR 2004 SC 5043]

    (3) State of Rajasthan & Ors. Vs. Prerna Suhalka (D.B. Civil Special Appeal (Writ) No.279/2016 decided on 16.07.2021)

    (4) Prema Choudhary Vs. The Rajasthan High Court, Jodhpur & Anr. (S.B. Civil Writ Petition No.13406/2017 decided on 30.05.2018)

    (5) Asif Ali Khan Vs. State of Rajasthan & Anr. (S.B. Civil Writ Petition No.9455/2019 decided on 04.09.2019)

    (6) Prince Raj Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.13136/2018 decided on 20.05.2024)

    (8) Suman INaniyan Vs. State of Rajasthan (S.B. Civil Writ Petition No.4465/2020 decided on 25.11.2020)

    (9) Eshara Ram Vs. The State of Rajasthan (S.B. Civil Writ Petition No.7965/2019 decided on 24.03.2022)

    4. Per contra, learned counsel for the respondents submits that it is clearly mentioned in the advertisement that only those candidates who belong to the TSP area should apply in that category and they have to furnish the TSP certificate when demanded. He further submits that the advertisement in unequivocal terms provides that after the three days' window for rectification of errors, no further opportunity shall be provided for the same. He submits that if the candidates are allowed to make corrections in the application forms for indefinite period, then it would be very difficult to finalize the recruitment process. Learned counsel submits that the issue raised by the petitioners is no more res integra in view of the judgments passed by the Division Bench of this court in the cases of

    (1) Piyush Kaviya & Ors. Vs. The Rajasthan Public Service Commission & Ors. [D.B. Special Appeal (Writ) No.198/2018 decided on 10.04.2018]

    (2) Pooja Rajpurohit Vs. Rajasthan Pu

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