HIGH COURT OF JUDICATURE FOR RAJASTHAN - PRINCIPAL SEAT AT JODHP
MANISHA BISHNOI – Appellant
Versus
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR – Respondent
CW 1214/2022
['RAKESH ARORA', '', 'NARESH SINGH', 'ANIKET TATER']
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