Rajasthan High Court - Jaipur
Dinesh Singh Naga vs State Of Raj And Ors on 15 December, 2017
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No. 19234 / 2017
Dinesh Singh Naga S/o Shri Bhagwan Sahay Naga, Aged About 26
Years, R/o Village Mohanpura, Post Doongari Kalan, Tehsil
Kishangarh Renwal, District Jaipur.
----Petitioner
Versus
1. State of Rajasthan Through Its Principal Secretary, Department
of Law and Legal Affairs, Govt. Secretariat, Jaipur.
2. Rajasthan High Court, Jodhpur Through Registrar General.
3. The Registrar (Exam) Rajasthan High Court, Jodhpur.
----Respondents
_____________________________________________________ For Petitioner(s) : Mr. Govind Sharma Adv. & Mr. Satish Khandal Adv.
For Respondent(s) : Mr. Shailesh Prakash Sharma Adv. _____________________________________________________ HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 01/11/2017 Mr. Shailesh Prakash Sharma Adv. has put up appearance on behalf of the respondent Nos. 2-3 states that he has filed reply to the writ petition as well as to the stay application.
Learned counsel for the petitioner submits that there is an urgency in the matter as the Computer Type Test for the post of Lower Division Clerk is being conducted by the High Court and tomorrow i.e. 2nd November, 2017 is the last date for writing the exam.
Counsel for the petitioner submits that he had filled the Online Application Form for the post of LDC and during filling the form his category has been shown as OBC (Non-Cremy Layer).
(2 of 3) [CW-19234/2017] Counsel submits that after receipt of admission card his category was shown as General instead of OBC. Petitioner has submitted that he has moved an application on 4 th September, 2017 for change of his category from General to OBC. The petitioner submitted that after declaration of final answer key, he secured 161 marks and for OBC category the last cut off was 157.
Counsel submits that the respondents did not take any action and as such present writ petition has been filed and interim protection is also prayed for.
Per Contra learned counsel for the respondent Mr. Shaliesh Prakash Sharma Adv. has annexed copy of Online Application Form (Annex. R-2-3/1) and where the category of the petitioner in online form in Column No. 1.6 is shown as general. Counsel submits that the petitioner himself had applied in general category and / as such there can not be any change in the category.
Counsel submits that the petitioner was waiting for declaration of the result and when he was not selected in the general category, he has sought to change his category by taking benefit of the cut off marks of OBC candidate as he has secured more marks than the last candidate in OBC Category.
Counsel for the respondent also says that the certificate which was annexed by the petitioner relating to his category OBC was dt. 27th March, 2007 and last date of filling online application form was 18th March, 2017.
Counsel for the respondent has also submitted that though generally print out of the Online Application Form can only be downloaded from the PDF Form of the E-Document and this (3 of 3) [CW-19234/2017] format is non temper-able and non editable in its existing format as any change in PDF Format of E-Document changes its hash value (#). It is also pointed out there are many online software/tools available for converting PDF form of document in to other forms like Image (.JPG, .PNG, .JPEG), .Doc format etc. and it is quite possible to edit the document by changing its form from PDF Form to some other format.
Mr. Shailesh Prakash Sharma Adv. has submitted that once the petitioner had submitted his online application form and filled his category general, the changes are not permissible.
I have considered the submissions of both the parties. This Court in S.B. Civil Writ Petition No. 15659/2017 (Kavita Choudhary Vs. Registrar (Examination) and Anr.), had taken a view that change of category is not permissible and the Court had relied upon three judgments of the Division Bench. Learned counsel for the respondent fairly submits that the view taken by this Court has not been upheld by the Division Bench in D.B. Special Appeal (Writ) No. 1700/2017 (Kavita Choudhary Vs. Registrar (Examination) and Anr.).
This Court after considering the fact that tomorrow i.e. 2 nd November, 2017 is the last date of the Computer Type Test, deem proper as interim measure to permit the petitioner to write or to appear in the Computer Type Test. The respondents are directed to allow the petitioner to write the Exam. However, his result will not be declared without prior permission of the Court.
(ASHOK KUMAR GAUR)J. Monika/167