The court concluded that procedural norms for application forms must be upheld to maintain the integrity of the examination system, allowing no changes after a specified correction period.

Order

03/07/2025

1. The present writ petition has been filed with a specific prayer that the respondent Department be directed to consider the change in category of the petitioner from ‘General’ to ‘Economically Weaker Section’ (EWS).

2. The case of the petitioner is that although she had a valid EWS certificate issued in her favour even on the date of filling up of the application form, the form was erroneously filled up in the General category by the e-mitra. At that point of time, her father- in-law having met with an accident, she could not personally pursue the correction application for the change of category within the time granted i.e. from 28.08.2023 to 06.09.2023.

3. Learned counsel for the petitioner submits that the above being an error committed by e-mitra, deserves to be condoned and the petitioner deserves to be permitted to change her category from ‘General’ to ‘EWS’.

4. Counsel submits that appropriate application was submitted by the petitioner way back on 11.12.2023 i.e. even before the admit card for the examination been issued and till that point of time, no right had accrued to any third party and hence, change in category ought to have been permitted.

5. Counsel further submits that even till date, as the result has not been declared, no right of any third party has accrued and hence, even if the mistake as committed by the petitioner is permitted to be cured, no third party would be affected. He submits that the mistake in question is a trivial one and deserves to be cured.

6. In support of his submissions, counsel relied upon the Hon’ble Apex Court judgment in Vashist Narayan Kumar Vs. The State of Bihar & Ors.; 2024 SCC Online SC 2 and the Division Bench judgment of this Court in Reena Choudhary Vs. State of Rajasthan & Ors.; D.B. Special Appeal Writ No.

1175/2024 (decided on 02.01.2025).

7. Per contra learned counsel for the respondent Department while relying upon the judgment of Division Bench of this Court in Piyush Kaviya & Ors. Vs. The Rajasthan Public Service Commission & Ors.; D.B. Special Appeal Writ No. 198/2018 (decided on 10.04.2018) & other connected matters and the latest Division Bench judgment of this Court at Jaipur in Rajasthan Public Service Commission Vs. Kavita Meena ; D.B. Special Appeal Writ No.923/2023 (decided on 01.03.2024) submitted that the present is a clear case of the change of category which cannot be permitted at this stage.

8. Counsel submits that it is not a mistake which can be cured at a subsequent stage whereas it is clear on record that the petitioner was negligent while filling up the application form as she knowingly filled up the form in General category. The Department even granted sufficient time for correction in the online application forms from 28.08.2023 to 06.09.2023. The petitioner did not avail the said opportunity and moved an application in the month of December 2023 long after the said time granted by the Department having elapsed.

9. Heard the counsels and perused the record.

10. The issue whether the petitioner can be permitted to change her category from General to EWS would not retain this Court for long as the same rests covered by the judgments passed by this Court in Piyush Kaviya (supra) and Kavita Meena (supra).

11. In Kavita Meena (supra), the Court while dealing with the earlier Division Bench judgment in Kavita Choudhary Vs. The Registrar (Examination) & Anr.; D.B. Special Appeal Writ No. 1700/2017 (decided on 01.11.2017) observed that any bonafide mistake which does not affect the third party can be allowed to be cured. However, when the mistake is not cured even after an opport