HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Writ Petition No. 975/2022

Hitesh Kumar Vaishnav S/o Shri Shyam Das, Aged About 24

Years, By Caste Vaishnav, R/o Rana Chowk, Reodar, District

Sirohi. ----Petitioner

Versus

1.

High Court Of Judicature For Rajasthan At Jodhpur,

Through Its Registrar General.

2.

The Registrar (Examination), Rajasthan High Court,

Jodhpur. ----Respondents

Connected With

D.B. Civil Writ Petition No. 1214/2022

Manisha Bishnoi D/o Shri Ganga Ram, Aged About 19 Years, R/o

Village Sewari, Tehsil Bagora, District Jalore. ----Petitioner

Versus

1.

High Court Of Judicature For Rajasthan At Jodhpur,

Through Its Registrar General.

2.

The Registrar (Examination), Rajasthan High Court,

Jodhpur. ----Respondents

For Petitioner(s)

:

Mr. Rakesh Arora

For Respondent(s)

:

Mr. Aniket Tater on behalf of

Mr. Manoj Bhandari, Senior Advocate

HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

25/07/2022

The respondent No.1 issued an advertisement dated

18.01.2020 inviting applications to the post of Stenographers,

Grade-III (Hindi & English) for District Courts, District Legal

Services Authorities (DLSAs) and Permanent Lok Adalats (PLAs).

The last date for submission of the application forms was

30.01.2020.

The petitioners submitted application forms pursuant to the

advertisement for the post of Stenographers (Hindi) as OBC (NCL)

(2 of 4)

[CW-975/2022]

candidates. The written examinations were held from 03.04.2021

to 07.04.2021. The result of written examinations was declared by

the respondent on 30.06.2021. On qualifying the written

examination, petitioners were called for interview on 11.11.2021.

The interview call letter dated 30.10.2021 directed the candidates

to bring with them certain documents in original for verification.

Serial number 1 of the list of documents reads as follows:

“Certificate required for seeking reservation in

any of the categories - SC/ST/OBC/MBC/EWS

of Rajasthan. OBC/MBC (Non Creamy Layer)

Certificate must not have been issued prior to

one year from the last date of submission of

the application form.”

Empasis supplied

The petitioners appeared for the interview without

possessing requisite OBC (NCL) certificate. The respondents

allowed them 7 days’ time to cure the deficiencies. The

petitioners, thereafter submitted affidavits within allowed 7 days’

time affirming that they belonged to the OBC (NCL) category. The

respondents, on 15.12.2021 declared a list of candidates

recommended for appointment with respective roll numbers and

category. The petitioners’ names were not included in the list as

they failed to submit requisite OBC (NCL) certificate by the last

date of submission of application form. Whereupon, they have

approached this Court through these writ petitions.

Learned counsel Shri Arora submitted that denial of

appointment to the petitioners on the advertised posts solely on

the ground that the petitioners had failed to produce the OBC

(NCL) certificate of one year prior to the last date of submission of

application forms is illegal, arbitrary and unjust. The

Advertisement dated 18.01.2020 was devoid of the condition that

(3 of 4)

[CW-975/2022]

OBC (NCL) certificate produced should have been issued one year

prior to the last date of submission of the application form. It is

further submitted that the petitioners had submitted the OBC

(NCL) certificate along with affidavits deposing that they are

eligible for reservation in OBC (NCL) category as per the

notifications dated 17.08.1993 and 28.09.1993 issued by the

State government. The learned counsel for the petitioners urged

that respondents be directe