Advocates:
['RAM PRATAP SAINI', '', 'AAMIR KHAN', 'GIRRAJ RAJORIA', 'CHIRANJI LAL SAINI AAG', '', 'SK GUPTA AAG']

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 9272/2018

Neer Singh S/o Yadram, R/o Village And Post Bachhrain, Tehsil

Bhusawar, District Bharatpur, Rajasthan.

----Petitioner

Versus

1.

The State of Rajasthan through its Principal Education

Secretary, Government Secretariat, Jaipur.

2.

The Director, Primary (Elementary) Education, Bikaner.

----Respondents

For Petitioner(s)

:

Mr. Ram Pratap Saini with

Mr. Girraj Rajoria and

Mr. Aamir Khan

For Respondent(s)

:

Mr. Chiranji Lal Saini, AAG

HON'BLE MR. JUSTICE SAMEER JAIN

Judgment reserved on 09/03/2022

Judgment pronounced on 01/04/2022

1.

The present writ petition has been filed under Article 226 of

the Constitution of India for issuing appropriate writ order or

direction for giving appointment to the petitioner on the post of

Teacher Grade-III, considering him in the category of OBC Non

Creamy layer in the light of direction given in the case of Kavita

Choudhary vs. The Registrar (Examination), Rajasthan High

Court, Jodhpur & Anr., D.B. Civil Special Appeal (Writ)

No.1700/2017 decided on 01.11.2017. Further, by the present

writ petition, order dated 17.04.2018 is prayed to be quashed and

set aside whereby, the respondents have rejected the candidature

of the petitioner.

(2 of 5)

[CW-9272/2018]

2.

Learned counsel for the petitioner submits that in pursuant

to one advertisement dated 11.09.2017 for the post of Teacher

Grade-III, the petitioner applied under the category of OBC

Creamy layer as per Annexure-2 by e-mitra facility. The petitioner

was allotted admission card and roll no. under OBC Creamy Layer

category. He submits that it was by mistake on the part of e-mitra

centre that his application was enrolled under OBC Creamy Layer

category whereas, he belongs to OBC Non Creamy layer category

and as such, he has filed one representation to the respondents

for amending the said category. When the same was not

amended, he filed one S.B. Civil Writ Petition No.2707/2018,

which was disposed of vide order dated 05.02.2018 with the

direction to file a representation to the respondents in the light of

Kavita Choudhary’s case (supra), if the petitioner is found to be

covered by the same.

3.

On consideration of the said representation, vide order dated

17.04.2018 (Annexure-9), the respondents have rejected the

representation of the petitioner relying upon the advertisement

dated 11.09.2017 and the terms and conditions issued therein,

whereby by virtue of Special Note No. IV, VII & IX, it was

specifically mentioned that upon submission of online application

form, the same cannot be changed, if there is certain irregularity

and if, the final application form is submitted, the contents of the

last submitted application will be considered. It was also further

clarified in the advertisement that if any wrong or incomplete

information is given, the applicant will be responsible for the same

and without any notice, the application form can be rejected. The

respondents have also relied upon the judgment of co-ordinate

Bench of this Court passed in SBCWP Nos.17840/2016 titled

(3 of 5)

[CW-9272/2018]

Bharti Chauhan vs. State and 3605/2017 titled Priyanka

Jangir vs. State wherein, in the similar matters, it was held that

the writ petitions cannot be entertained for the change in category

at belated stage. Relying upon the same, the petitioner's

representation was rejected.

4.

Learned counsel has further relied upon Annexure-10, which

shows that the respondents have taken a biased view and vide

order dated 28.03.2018, changed the category of eight candidates

and therefore, hostile discrimination and bias is caused. In the

present scenario, the present writ petition was filed wherein, the

Hon'ble Court has passed ex-parte interim order dated 01.05.2018

and directed the respondents for considering the candidature of

petitioner in the