HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 3059/2022

Pushpa Kumari D/o Rajendra Singh Dudi, Aged About 25 Years,

R/o 150, Basant Vihar, Jhunjhunu (Raj.).

----Petitioner

Versus

1.

The State Of Rajasthan, Through Principal Secretary,

Ayurved And Indian Medicine Department, Government Of

Rajasthan, Secretariat, Jaipur (Raj.).

2.

The Director, Directorate Ayurved Department, Ashok

Marg, Savitri Choraha, Ajmer (Raj.).

3.

Dr. Sarvapalli Radhakrishanan Rajasthan Ayurved Univer-

sity, Jodhpur (Raj.). Through Its Registrar

----Respondents

For Petitioner(s)

:

Mr. Sanjay Mehla

For Respondent(s)

:

Mr. C.L. Saini, AAG

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

14/03/2022

Counsel for the petitioner submitted that the issue involved

in this writ petition has been considered and decided by the Coor-

dinate Bench of this court at Principal Seat Jodhpur in the matter

of Kailash Kumar Vs. State of Rajasthan (S.B. Civil Writ Petition

No.2505/2022) wherein on 23.02.2022, the following order was

passed:-

“As the facts of all the cases are es-

sentially similar except dates of certificates

involved, facts in the case of Kailash Kumar

(S.B. Civil Writ Petition No. 2505/2022) are

being taken into consideration.

These writ petitions have been filed

by the petitioners aggrieved against the

non-inclusion of their names in the provi-

sional merit list for recruitment of Nurse /

(2 of 6)

[CW-3059/2022]

Compounder Junior Grade vide advertise-

ment No.1/2021 for Non-TSP area and

seeking a direction to the respondents to

consider them as eligible as OBC Non-

Creamy Layer (NCL) / MBC candidates.

An advertisement dated 17.6.2021

(Annex.3) was issued by the respondents

for the recruitment. The petitioners filled

up the application form inter alia claiming

their status as OBC (NCL) / MBC candi-

dates.

The respondents issued public notice

dated 18.10.2021, requiring the candidates

whose name had appeared in the list of

candidates qualified for Nurse / Com-

pounder vacancy in OBC category / MBC to

appear for document verification.

The petitioners claim that during

course of document verification, OBC cer-

tificates issued on 13.10.2018 and

3.9.2021 (Annex.2 and Annex.7 respec-

tively), were produced by the petitioner

along with other requisites. However, in the

provisional merit list, the name of the peti-

tioner did not appear.

A notice (Annex.9) was published by

the respondents calling for objections to

the provisional merit list requiring the can-

didates to personally remain present and

raise objection along with proof.

The petitioner filed a representation

inter alia indicating that he had produced

both the certificates (Annex.2 and

Annex.7) and that the guidelines issued by

the Social Justice and Empowerment De-

partment dated 9.9.2015 provided for the

validity of OBC (NCL) certificate for three

years along with an affidavit and produced

an affidavit in terms of the guidelines

dated 9.9.2015 also. However, as the peti-

tioner apprehended that the respondents

would not take the same into considera-

tion, the present petition has been filed.

Learned counsel for the petitioners

made submissions that the condition of the

advertisement, provided that the candi-

dates were required to produce ‘latest cer-

tificate’ pertaining to OBC, which was pro-

duced by the petitioner (Annex.7), how-

ever, as the requirement indicated was that

the certificate must be valid on the date of

application / last date provided for applica-

tion, the certificate (Annex.2) was also

valid along with the affidavit produced by

the petitioner and, therefore, the action of

(3 of 6)

[CW-3059/2022]

the respondents in not considering the can-

didature of the petitioners as OBC (NCL) /

MBC candidates, is not justified.

Reliance has been placed on judg-

ment in Ram Kumar Gijroya v. Delhi Subor-

dinate Services Selection