[2025:RJ-JD:41412]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8003/2025 Vibha Daroliya D/o Devendra Kumar Daroliya, Aged About 25 Years, R/o 55, Nayiyon Ki Talai, Tehsil Girwa, Udaipur (Raj.).

----Petitioner Versus

1. State of Rajasthan, through the Principal Secretary, Medical and Health Department, Government of Rajasthan, Secretariat, Jaipur (Raj.).

2. State Institute of Health And Family Welfare (Sihfu), Through Its Director, Jhalana Doongri, Jaipur (Raj.)

----Respondents For Petitioner(s) : Mr. Avin Chhangani, Adv. (through VC)

For Respondent(s) : Mr. Tanuj Jain on behalf of Mr. Mukesh Dave, AGC HON'BLE MR. JUSTICE MUNNURI LAXMAN

Judgment

Judgment Reserved on : 16/09/2025 Judgment Pronounced on : 19/09/2025

1) The present writ petition has been filed challenging the merit list dated 24.03.2025, wherein the petitioner’s name was not included in the final merit list due to the non-submission of a valid caste certificate to claim the benefit of reservation under the OBC (Non-Creamy Layer) category. Consequently, she seeks a direction to the 2^nd respondent to consider her caste certificate dated 14.09.2023 and grant her appointment to the post of Pharmacist.

2) Brief facts giving rise to the present writ petition are that the 2^nd respondent issued an advertisement dated 05.05.2023 for the selection of Pharmacists (Scheduled and Non-Scheduled Areas) through direct recruitment for the year 2023, under the Rajasthan Medical and Health Subordinate Service Rules, 1965. The last date for submission of applications was 11.06.2023. The petitioner submitted her application on 02.06.2023, claiming reservation under the OBC (Non-Creamy Layer) category. To support her claim, she submitted a caste certificate dated 09.10.2017. The petitioner was found to be within the zone of consideration for selection and was called for document verification on 26.08.2023. Prior to the verification, the petitioner submitted an affidavit dated 25.08.2023, stating that she had applied for a new caste certificate on 22.08.2023 and undertook to produce the same upon its issuance. A fresh caste certificate was subsequently issued on 14.09.2023. The petitioner’s name was included in the provisional selection list dated 05.07.2024 at Serial No. 1560, with a score of 53.253%, under the OBC (Non-Creamy Layer) category. Meanwhile, she also submitted another affidavit dated 08.01.2025, detailing her prior work experience. However, in the final merit list dated 24.03.2025, the petitioner’s name was not included.

3) The petitioner submitted a representation dated 25.03.2025, raising a grievance regarding non-inclusion of her name in the final merit list. Upon verification, it was found that her candidature had been rejected on the ground that she had not submitted a valid caste certificate issued on or before the last date for submission of the application through the online portal. In these circumstances, the present writ petition has been filed.

4) The response of the respondents indicates that The petitioner submitted an OBC Non-Creamy Layer certificate dated 09.10.2017, issued by the Sub-Divisional Officer, Girva, Udaipur, along with her online application. As per the conditions specified in the notification, it is mandatory that the Non-Creamy Layer certificate be valid for one year from the date of issuance. It is also stated that if the certificate is older than one year, it may be accepted only upon submission of an affidavit affirming the continued Non-Creamy Layer status of the petitioner. However, such an affidavit can only be submitted for a maximum period of up to three years.

5) According to the respondents, in the present case, the petitioner failed to submit the required affidavit either along with the application or at the time of document verification. Consequently, her claim under the OBC Non-Creamy Layer category was not accepted, and she was considered under the Unreserved category. The certificate dated 14.09.2023 could