Rajasthan High Court - Jaipur
Mahesh Soni vs Raj High Court Jodhpur on 27 February, 2017
Author: Ajay Rastogi
Bench: Ajay Rastogi
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
D.B. Civil Writ Petition No. 12486 / 2016
Mahesh Soni S/o Shri Roop Chand Soni, Aged About 21 Years, B-
228, Rameshwar Dham, Murlipura Scheme, Jaipur (Raj.)
----Petitioner
Versus
Rajasthan High Court, Jodhpur, Through Its Registrar
(examination)
----Respondent
_____________________________________________________ For Petitioner(s) : None present.
For Respondent(s) : Sh. Tanveer Ahmed Adv. _____________________________________________________ HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MR. JUSTICE BANWARI LAL SHARMA Order 27/02/2017 Even in second round when the matter is taken up no-one has put in appearance on behalf of the petitioner.
The process came to be initiated by the respondent pursuant to advertisement dt.8-9-2015 holding recruitment for the post of Junior Judicial Assistant and Clerk Gr.II Direct Recruitment Competitive Examination 2015.
Indisputably when the petitioner filled his online application he has indicated himself of participating as OBC/SBC Creamy Layer. After final result of the recruitment was notified by the respondent on 16-8-2016 he approached this Court and made a request that due to some human error he has shown himself to be a Creamy Layer while in fact he is OBC Non-Creamy Layer and may be permitted to make correction in his online application form (2 of 3) [CW-12486/2016] which he filled in reference to the advertisement dt.8-9-2015.
The self same issue raised in the instant petition has been examined before the Main seat at Jodhpur in D.B. Civil Writ Petition No.3331/2014 Sunil Bhanwariya Vs. Registrar, Examination Cell, Rajasthan High Court, Jodhpur & Anr.), decided on 12-5-2014 and observed as under :-
"Admittedly, the writ petitioner in his on-line application had mentioned in his category as OBC/SBC creamy layer and his candidature was accordingly processed. He was registered as such and was allowed to participate in the preliminary examination. Per se therefore if he had been in the process construed as a general category candidate (OBC/SBC creamy layer), the respondents cannot be faulted with. Consequently, his non-inclusion in the list of candidates of OBC/SBC non-creamy layer category is unassailable in law. To reiterate, the advertisement had duly cautioned the candidates not only to be guardedly careful to ensure that correct and complete informations are furnished in their applications, it was clarified as well that after submission thereof, no request for alteration of any entry would be permitted. This assumes great significance in view of the post and the service involved and also the academic level as well as the degree of alertness and responsibility expected of the candidates therefor. Significantly, the request by the writ-petitioner for alteration of his category was made after the declaration of the results in the preliminary examination and non- inclusion of his name in the list of OBC/SBC non- creamy layer category. He having himself specified his category to be OBC/SBC creamy (3 of 3) [CW-12486/2016] layer, his grievance that though he had scored higher marks than the cut off marks of the OBC/SBC non-creamy layer category thus, in our comprehension, is of no significance."
In the light of the judgment what is being complained by the petitioner holds no merit.
Consequently, the writ petition being devoid of merit is accordingly dismissed.
(BANWARI LAL SHARMA)J. (AJAY RASTOGI)J. Shekhawatvs(D-17)