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2024 Supreme(Raj) 1646

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Farjand Ali, J.
Sohani D/o Shri Mobta Ram - Petitioner
Versus
State Of Rajasthan, Through Secretary To The Government, Department Of Ayurveda, Yoga And Naturopathy and ors. - Respondents
S.B. Civil Writ Petition No. 5351/2024, S.B. Civil Writ Petition No. 5145/2024
Decided On : 23-10-2024

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Kishan Lal Vishnoi
For the Respondent: Mr. Suniel Purohit

IMPORTANT POINT
Candidates must ensure accuracy in applications and cannot seek post-deadline corrections, emphasizing the importance of adhering to recruitment protocols.

Headnote:

(A) Recruitment Process - Writ petitions concerning recruitment for Compounder/Nurse Junior Grade - Petitioners applied but faced issues due to typographical errors in registration - Court held that candidates must adhere to application guidelines and deadlines, and negligence in application cannot be excused - Previous judgments cited by both parties were discussed, with emphasis on the necessity of timely corrections and the balance between merit and administrative efficiency. (Paras 2, 6, 9)

(B) Legal Precedents - The court referenced several judgments to establish that candidates cannot amend applications post-deadline, emphasizing the importance of strict adherence to recruitment protocols. (Paras 3, 8)

Facts of the case:

Petitioners faced disqualification due to errors in their application forms, which they sought to rectify after the deadline.

Findings of Court:

The court dismissed the petitions, affirming that the candidates' negligence precluded them from relief.

Issues: The main issue was whether candidates could correct application errors after the deadline.

Ratio Decidendi: The court ruled that candidates must ensure accuracy in applications and cannot seek post-deadline corrections.

Result: Writ petitions dismissed.

ORDER :

Farjand Ali, J.

1. Both these writ petitions involve identical issue, therefore, the same are being decided by this common order.

2. Briefly stated, facts of the case are that the in pursuance of the advertisement No.1/2023 issued by the Department of Ayurveda, Yoga and Naturopathy, Yunani, Siddha & Homeopathy (AYUSH), Government of Rajasthan, for the posts of Compounder/Nurse Junior Grade, the petitioners applied and submitted her online application form. It is the case of the petitioners that due to typographical error, wrong registration number was filled in the column of "Registration Information". The petitioners rectified the aforesaid error within the time window provided for the said purpose, however, at this time, due to inadvertance and typographical error on the part of E-Mitra Operator, the category of the petitioner was changed to "TSP Area" from "Non-TSP Area". The petitioners came to know of this mistake when they were called for document verification under the category of "TSP Area". The petitioners contacted the respondent authorities for correction in the category, however, they were not allowed to do so. Being aggrieved of the same, they have preferred the instant writ petitions.

3. The issue involved in these two writ petitions 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. Spec

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