Rajasthan High Court - Jaipur
Suresh Kumar Gurjar vs State (Home Department)Ors on 15 February, 2017
Author: Ajay Rastogi
Bench: Ajay Rastogi
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B.Civil Writ Petition No. 10094 / 2016
Suresh Kumar Gurjar son of Shri Maliram Gurjar, aged about 23
years, resident of village & Post Sirohi, Via Chandawaji, Tehsil
Amer, District Jaipur, Rajasthan-302104 (Mobile Number
9828384616).
----Petitioner
Versus
1. State of Rajasthan through the Director General of Police,
Rajasthan, Police Headquarter, Lal Kothi, Behind Nehru Place,
Jaipur.
2. Commissioner of Police, Jaipur, Police Commissionerate,
Government Hostel, M.I. Road, Jaipur.
3. Superintendent of Police/Commandant, Jaipur, Police
Commissionerate Office, M.I. Road, Jaipur.
----Respondents
_____________________________________________________ For Petitioner(s) : Sh. Iliyas Khan Adv. For Respondent(s) :
_____________________________________________________ HON'BLE MR. JUSTICE AJAY RASTOGI Order 15/02/2017 The petitioner had participated in the selection process held pursuant to advertisement dt.14-7-2013 for the post of Constable which is included in the Schedule appended to the Rajasthan Police Subordinate Service Rules,1989.
The petitioner had participated in the selection process and secured 73.5000 marks and his complaint is that he is a member of SBC category but due to inadvertence mistake was committed by him in submission of his application form where he indicated himself in OBC category and that has become fatal to his interest and if he would have been considered in SBC category which is a (2 of 3) [CW-10094/2016] sub-category of OBC, can certainly be considered for appointment and permission be granted to change his category from SBC to OBC and may be permitted to be considered for appointment for the post of Constable pursuant to the advertisement dt.14-7- 2013.
Once the petitioner had participated in the process in OBC category and after the selection is held at the final stage, change of category is otherwise not permissible and that apart claiming reservation of SBC category is concerned, which came to be introduced by the enactment of Rajasthan Special Backward Classes (Reservation of Seats in Educational Institutions in the State and of Appointments and Posts in Services under the State) Act,2015 it has been struck down, in D.B. Civil Writ Petition No.1645/2016- Captain Gurvinder Singh (Retd.) & Ors. Vs. State of Raj. & Ors.) & vide judgment dt.9-12-2016 it has been observed as under :-
"In view of the discussion made above, the report of the SBC Commission cannot be accepted and is, accordingly, quashed. As a consequence of the aforesaid apart from the discussion made in reference to Article 16(4B) of the Constitution of India and the judgments of the Apex Court, the impugned Notification dated 16th October, 2015 issued by the State Government and the Rajasthan Special Backward Classes (Reservation of Seats in Educational Institutions in the State and of Appointments and Posts in Services under the State) Act, 2015 are struck down."
In the light of the development which has taken place, change of category is not permissible after declaration of the (3 of 3) [CW-10094/2016] result of selection and no appointments can be made in SBC quota in the light of the judgment of which reference has been made dt.9-12-2016.
The writ petition is without substance and is accordingly dismissed.
(AJAY RASTOGI)J. Shekhawatvs(D-23)