Advocates:
['DR NUPUR BHATI', '', 'RAJENDRA SINGH', 'VIKRAM SINGH BHATI', 'PANKAJ SHARMA AAG', '', 'HEMANT CHOUDHARY', 'VISHAL JANGID', 'DEEPAK CHANDAK']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 13207/2021

Deep Kanwar D/o Shri Narayan Singh, Aged About 48 Years, R/o

98-A, Kirti Nagar, C-Sector, Bhadwasiya, Jodhpur, Rajasthan.

----Petitioner

Versus

1.

State Of Rajasthan, Through The Secretary, Department

Of Education, Government Of Rajasthan, Secretariat,

Jaipur, Rajasthan.

2.

The Director, Department Of Secondary Education,

Bikaner, Rajasthan.

3.

Rajasthan Public Service Commission, Through Its

Secretary, Rajasthan Public Service Commission, Ajmer,

Rajasthan.

4.

The Secretary, Rajasthan Public Service Commission,

Ajmer, Rajasthan.

----Respondents

For Petitioner(s)

:

Dr. Nupur Bhati.

Mr. R.S. Bhati.

For Respondent(s)

:

Mr. Hemant Choudhary, G.C.

Mr. Vishal Jangid, Dy. G.C.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

27/09/2022

This writ petition has been filed by the petitioner seeking

direction to the respondents to permit change in category from

‘General Widow’ to ‘OBC Widow’ for recruitment on the post of

Senior Teacher Grade-II pursuant to the advertisement dated

13.07.2016.

It is submitted by learned counsel for the petitioner that on

account of mistake, the petitioner could not indicate her status as

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[CW-13207/2021]

‘OBC Widow’ in the application form, though she was entitled to

claim such status. Only at a later stage, the petitioner became

aware of the said mistake and approached the respondents

seeking correction in the category, which has been wrongly denied

and, therefore, the petitioner may be permitted to change her

category.

I have considered the submissions made by learned counsel

for the petitioner and have perused the material available on

record.

The issue raised by the petitioner seeking change of category

has already been decided by this Court in Anil Kumar v. State of

Raj & Ors.: SBCW No. 5321/2022, decided on 13.04.2022,

wherein it was, inter alia, noted, observed and laid down by this

Court as under:-

“Learned counsel appearing on caveat

contested the submissions. It was submitted that

though the claim made is that the category was

filled up by mistake, in the advertisement it was

specifically indicated that in case of mistake in the

application form, the same can be corrected within

the window provided and after the period for

correction is over, no correction would be

permitted in future.

Admittedly, the petitioner has not corrected

the purported mistake within the window provided

and as such, the petitioner is not entitled to any

relief in this regard.

Reliance has been placed on Rajasthan Public

Service Commission Vs. Yogita Yaduvanshi: D.B.

Civil Special Appeal (Writ) No.804/2020, decided

on 19.03.2021 at Jaipur Bench, Sonal Tyagi Vs.

State of Rajasthan & Ors.: D.B. Civil Writ Petition

No.7840/2019, decided on 12.07.2019, Laxmi Lata

Bamaniya Vs. State of Rajasthan & Anr.: S.B. Civil

Writ Petition No.3720/2022, decided on

21.03.2022.

I have considered the submissions made by

learned counsel for the parties and have perused

the material available on record.

The facts as noticed, hereinbefore, are

undisputed, wherein, the petitioner may be on

account of mistake committed, has filled up his

category as OBC (Creamy) in the recruitment for

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[CW-13207/2021]

Special Teacher (Level I) (Non-TSP). However,

despite grant of window by the respondents for

making requisite corrections, the petitioner, may

be on account of unawareness about the mistake,

did not utilize the window provided by the

respondents and the purported mistake remained

as it is.

This Court after referring to the orders in the

case of Yogita Yaduvanshi (supra) & Sonal Tyagi

(supra) and taking into consideration the judgment

in the case of Kavita Choudhary Vs. The Registrar

(Examination), Rajasthan High Court, Jodhpur:

D.B. Civil Special Appeal (Writ) No.1700/2017,

decided on 01.11.2017 in the case of Laxmi