Order

07/09/2021 This writ petition has been filed by the petitioner seeking direction to the respondents to permit the petitioner to change his category from Non-TSP to TSP.

It is inter-alia indicated in the writ petition that advertisement was issued by the respondents for the recruitment to the post of Junior Engineer (Annex.1).

The petitioner filed online application in this regard and due to mistake in the column pertaining to a TSP area though the petitioner belonged to the TSP Area he indicated ‘No’.

It is submitted that it is only after the result was declared and the petitioner despite having higher marks than cut-off meant for TSP area and his Roll Number did not appear in the list of selected candidates, became aware of his mistake and sought correction with the respondents, however, the same was not permitted.

Submissions have been made that the counseling pursuant to the list of selected candidates, is still going on, so far the right of the candidates called for documents verification have not crystallized and, therefore, the petitioner may be permitted to change the category.

Reliance has been placed on Division Bench Judgment of this Court in Kavita Choudhary v. The Registrar (Examination), Rajasthan High Court, Jodhpur: D.B. Civil Special Appeal (Writ)

No.1700/2017 decided on 01.11.2017.

Learned counsel for the respondents vehemently opposed the submissions. It was submitted that in the instructions pertaining to the filling up of the application form, the respondents had provided for procedure for incorporating corrections in the application form, if any, and it was clearly stipulated that after declaration of result no corrections would be permitted and, therefore, the plea raised by the petitioner in this regard deserves to be rejected.

I have considered the submissions made by learned counsel for the parties and have perused the material available on record.

It is not in dispute that the petitioner belongs to TSP area as he is resident of District Banswara and apparently committed mistake in filling up the online application form by indicating 'No' in the column pertaining to the TSP area. The cut-off for the TSP area in petitioner's category i.e. ST (Gen.) is 55.8641 and the petitioner has obtained 65.2418 marks. Though, the indications made in the guidelines at the time of filling of the application form are clear in this regard, however, in view of the Division Bench judgment in the case of Kavita Choudhary (Supra), wherein, the Division Bench came to the conclusion that to err is human and if the mistake is such whereby nobody is affected, the same can be permitted to be corrected.

Admittedly, the document verification process is still going on and so far the select list has not been issued. In those circumstances, it cannot be said that in case the petitioner is permitted to make the requisite correction, the same would affect anybody else's right.

In view thereof, following the judgment in the case of Kavita Choudhary (Supra), the petition filed by the petitioner is allowed. The respondents are directed to allow the petitioner to change his category from Non-TSP to TSP, permit him to participate in the on going document verification process and in case the petitioner is found otherwise eligible, by treating him as candidate of ST (Gen.)

in TSP area, he be dealt with accordingly.

(ARUN BHANSALI),J

240-PRADEEP KUMAR LIMBA /686