ORDER

The present petition has been filed seeking following reliefs:-

"A. It is, therefore, prayed that this Hon'ble Court may kindly be pleased to issue the writ in the nature of Mandamus to the respondent no. 3 to consider the EWS certificate of the petitioner and his result may be afresh declared after consideration of EWS certificate.

B. To issue a writ in the nature of Mandamus to this respondents and consider his representation dated 10.07.2023 pending before respondent No. 3. C. Any other relief as deemed fit and proper in the circumstances of this case, along with the cost of this writ petition be also awarded."

2. The case of the petitioner is that the petitioner had applied in the Middle and Primary School Teacher Eligibility Test 2023. It is the case that the last date of filling up the applications were 13.02.2023 and last date of rectification was 18.02.2023. It is the case of the petitioner that he intended to avail the benefit of EWS category but though the EWS certificate has been issued to him. It is the contention of the petitioner that though certificate is dated 08.02.2023 (Annexure P/3) but actually due to some technical hitches certificate was actually received by him on 20.03.2023.

3. Learned counsel for the petitioner submits that since by the last date for rectification of the application i.e. 18.02.2023 he was not in possession of the EWS certificate, hence, he could not tick the coloumn for availing the benefit of EWS category and to fill the form as member of unreserved-open category.

4. Thus essestially the petitioner seeks migration of category from UR- Open to EWS category after last date of filling up the form and after last date for rectification of application form.

5. Per contra the learned counsel for the respondent No. 3 Employee Selection Board submits that the petitioner was not vigilant about the matter and the first representation was submitted by the petitioner in July 2023 as indicated by document Annexure P/6. It is further submitted that after last date of rectification of form no change of category is permissible and such change of category cannot be allowed to be permitted endlessly. Learned counsel also relies on order passed by a coordinate Bench of this Court in W.P. No. 3122/2023 decided on 15.02.2023.

6. Upon considering the rival submissions it is seen that the petitioner practically seeks migration from UR-Open Category to EWS category after the last date of submission of application form and after the last date of rectification of application form, and submitted his representation for the first time 5 months after the date of rectification was closed. The no enabling provision in the advertisement has been pointed out to this Court which permits change of category at such advance stage of selection process. A coordinate Bench of this Court in W.P. No. 3122/2023 has considered the issue of non-submission to EWS category certificate within time and the subsequent prayer of a candidate seeking migration the EWS on the basis of subsequently obtained EWS certificate, the following has been held therein:

"Shri Manas Mani Verma, in his turn, submits that when petitioner had filled her form on 16.01.2020 as contained in Annexure P-4, she has categorically mentioned that she is not a member of EWS category. It is submitted that qualification or eligibility or category is to be assessed on the date of filling up of the examination form and no subsequent development after the last for filling up of the examination form and be taken into consideration.

Though, learned counsel for the petitioner has placed emphasis on table contained in Annexure P-9 and reading para 17 it is submitted that in terms of Clause 3 in the table there was provision for identification of teachers falling in the category of guest lectures and they were given option for registration between 17.11.2022 to 24.11.2022. Thereafter, on 8.12.2022, authorities were required to upload the list of candidates on