Rajasthan High Court - Jaipur
Ravindra Singh Naruka And Ors vs State Of Raj And Ors on 3 October, 2017
Author: Ajay Rastogi
Bench: Ajay Rastogi
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
D.B. Civil Writ Petition No. 6112 / 2017
1. Ravindra Singh Naruka S/o Shri Ummaid Singh Naruka, Aged
About 29 Years, VPO Dabla, Tehsil Phagi, District Jaipur
2. Aakashdeep Mishra S/o Shri Ramgi Lal Mishra, Aged About 28
Years, Gram Mundru, Tehsil Srimadhopur, District Sikar
3. Kamlesh Kumar Trivedi S/o Shri Mohan Lal Trivedi, Aged About
27 Years, VPO Nathawala, Tehsil Shahpura, District Jaipur
4. Sandeep Kumar Pareek S/o Shri Chhitar Mal Pareek, Aged
About 29 Years, VPO Mau, Tehsil Srimadhopur, District Sikar
----Petitioners
Versus
1. State of Rajasthan Through Secretary, Department of
Personnel, Government of Rajasthan, Secretariat, Jaipur.
2. State of Rajasthan Through Principal Secretary, Department of
Social Justice and Empowerment, Government of Rajasthan,
Secretariat, Jaipur.
3. State of Rajasthan Through Secretary, Secondary Education,
Government of Rajasthan, Secretariat, Jaipur.
4. Rajasthan Public Service Commission Through Its Secretary,
Ajmer.
5. Rajasthan State Backward Classes Commission Through Its
Member Secretary, Having Its Office At Lal Khoti Area, Tonk Road,
Jaipur.
6. Mahesh Chand Gurjar S/o Shri Vijay Singh Gurjar, Roll No.
693177 (School Lecturer- Geography), Merit No. 856, C/o Director
Secondary Education, Bikaner.
7. Hari Shankar Gurjar S/o Shri Durga Lal Gurjar, Roll No. 265170
(School Lecturer- Chemistry), Merit No. 689, C/o Director,
Secondary Education, Bikaner.
8. Nirmal Kumar S/o Shri Himta Ram Bishnoi, Roll No. 428179
(School Lecturer- Geography), Merit No. 306, C/o Director,
Secondary Education, Bikaner.
----Respondents
_____________________________________________________ For Petitioner(s) : Mr.Shobhit Tiwari, Adv. _____________________________________________________ HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MR. JUSTICE DEEPAK MAHESHWARI Order 03/10/2017 Instant petition has been jointly filed by four petitioners who (2 of 3) [CW-6112/2017] are claiming themselves to be the member of open category and had participated in the process initiated by the Commission pursuant to the advertisement dt.16.10.2015 holding selection to the post of Lecturer School Education of various subjects. Their details have been disclosed in para Nos.4 & 5 of the writ petition and had participated in the subjects Geography, History, English & Chemistry and were not able to achieve the cut-off marks which are notified by the Commission in their respective open category, and after they finally declared unsuccessful in the process, approached this court with the grievance that notification which has been published by the State Government dt.01.01.2000 notifying castes which are included in the OBC Category and their grievance confines to S.No.1 Bishnoi which is included at S.No.60 in the OBC Category. According to the petitioners Bishnoi is the Sect and not a caste and has been wrongly included by the Government in its notification dt.01.01.2000.
Counsel has placed certain reports of the National Commission for Backward Classes dt.23.02.2000 and at the same time there is a report of the Rajasthan State Backward Classes Commission, where detailed recommendations have been made after the objections submitted by the members of various castes represented before the Commission, as reveals from the report of December, 1999 (Annex.5) and the Commission has finally recommended to include "Bishnoi" in the category of OBC.
Counsel for the petitioner submits that in the report furnished by the National Commission for Backward Classes, copy whereof has been made available to him under Right to (3 of 3) [CW-6112/2017] Information Act, 2005, "Bishnoi" is a sect and not a caste, as such could not have been included in the OBC category and that needs inference of this court.
The question raised is without substance for the reason that the notification was published by the Government way back in the year 2000 including "Bishnoi" as one of the caste in OBC Category and for the last 17 years it has been acted upon by the Government treating it in the OBC Category for all practical purposes and even the petitioner at the time when participated in the process pursuant to the present advertisement dt.16.10.2015 were aware of the fact that "Bishnoi" has been included in the OBC Category and in the given facts & circumstances the action of the State Government in notifying "Bishnoi" as one of the caste in OBC Category vide its notification dt.01.01.2000 based on reports of the Rajasthan State Backward Classes Commission - December, 1999 needs no interference by this Court, at the same time, if at all there is any grievance, the petitioners are at liberty to approach the Rajasthan State Backward Classes Commission for proper appreciation of their grievance.
We find no reason to interfere in the matter. The writ petition accordingly stands dismissed with liberty to the petitioners to avail remedy which the law permits to them.
(DEEPAK MAHESHWARI),J. (AJAY RASTOGI),J. Solanki DS, PS/50