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2026 Supreme(Online)(Raj) 13596

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Anand Sharma, J
Anuradha – Appellant
Versus
Rajasthan Rajya Vidhyut Utpadan Nigam Limited – Respondent
S.B. Civil Writ Petition No. 7863/2026



Advocates:
For the Appellants/Petitioners: Manish Patel, Nandipana Gehlot
For the Respondents: Ravi Bhansali, Vipul Dharnia, Anushka Jain

A candidate cannot change their recruitment category from Unreserved to Reserved after the application deadline and correction window have passed, especially when they have consciously paid the higher fee associated with the Unreserved category.

Headnote:(A) Recruitment Process - Change of Category - A candidate who consciously selects the 'Unreserved' category and pays the corresponding higher application fee cannot subsequently claim a clerical error to seek a change to a reserved category (OBC) after the correction window has closed. (Para 4, 10)

(B) Estoppel/Acquiescence - Participation in Selection - Appearing in the preliminary examination as an Unreserved candidate without protest constitutes acquiescence, barring subsequent claims for category rectification. (Para 5, 11)

Issues: Whether the petitioner is entitled to change her category from Unreserved to OBC after having paid the general category fee and missed the opportunity for rectification.

Order

1. By way of filing this writ petition, petitioner has prayed for direction to the respondents to appoint him on the post of Technician-III (ITI)/Operator-III (ITI)/Plant Attendant-III (ITI) in State Power Companies of Rajasthan by considering the candidature of the petitioner in ‘OBC category’ instead of Unreserved category.

2. It is stated by learned counsel for the petitioner that respondent- Rajasthan Rajya Vidhyut Utpadan Nigam Limited issued an advertisement dated 09.09.2025, whereby applications were invited for recruitment on the aforesaid posts. In the advertisement, vacancies for OBC/unreserved category were advertised as per Rules, and last date of submitting the online application form was 25.09.2025. It is submitted that on account of bona fide clerical mistake committed by the operator of E-Mitra centre, instead of filling the form under ‘OBC category’, it was filled as ‘Unreserved category’ candidate.

3. Learned counsel for the petitioner submitted that although preliminary examination pursuant to advertisement was conducted on 25.11.2025, yet immediately on the next date and before the date of final examination, petitioner sent one affidavit through e-mail to the respondents mentioning therein that the petitioner falls within the OBC (non-creamy layer) category; however, on account of clerical mistake, the application form has been filled under ‘Unreserved category’, which may be corrected. However, it was not done by the respondents, therefore, the petitioner had to approach this Court by way of filing this writ petition.

4. The writ petition has been opposed by learned counsel for the respondents by way of filing reply to the writ petition and it is submitted that correct and complete facts have not been given in the writ petition. It is submitted that initially advertisement was issued on 12.12.2024 by the respondents for inviting applications from eligible candidates and last date of submitting application form was in March, 2025. Accordingly, the form was filled by the petitioner on 19.03.2025. Learned counsel submitted that the fees for OBC candidates and unreserved candidates was altogether different as decided by the respondents. For general category candidates it was Rs.1000/- and for OBC category candidates it was much lesser i.e. Rs.500/-. The petitioner also deposited Rs.1000/- i.e. the fee, which was prescribed for Unreserved category candidates. Thus, the petitioner has consciously filled the application form as Unreserved category candidate.

5. It is also submitted that while circulating a general notice, an opportunity was granted to all the concerned candidates to make corrections in the application form by July, 2025, however, such opportunity was not availed by the petitioner. It is submitted that so far as revised advertisement dated 09.09.2025 is concerned, same has been issued with a condition No.9(2)(iii), in order to invite fresh application form along with applicable fees due to increase in the number of vacancies, and even then the petitioner did not submit any application with a prayer to make rectification in her application form by submitting fresh application with applicable fees. The petitioner also appeared in the preliminary examination as Unreserved category candidate and on the basis of admission card issued by the respondent- Rajasthan Rajya Vidhyut Utpadan Nigam Limited to the petitioner, in which it was clarified that petitioner has been permitted to appear as Unreserved category candidate, even then she did object the same.

6. Learned Senior Counsel appearing for the respondents also submitted that the alleged e-mail sent by the petitioner on 26.11.2025, was not sent to the competent authority and it was addressed to Chairman and Managing Director, who was not concerned with conducting the examination and even otherwise, when the petitioner did not avail the earlier opportunities, she has acquiesced her rights to claim contrary to the application form and the admissi

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