AJAY SINGH PAL Vs. RAJASTHAN PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Time prayed for is not opposed by learned counsel for the petitioner. However, he submits that since, interview for selection on the post of Assistant Engineer (Civil) in pursuance of advertisement dtd. 5/4/2018, is scheduled for today and hence, an interim relief may be granted to him. Learned counsel for the petitioner submits that the petitioner, being a member of Most Backward Class applied vide application form dtd. 7/6/2018 under that category for his appointment on the post of A.En. (Civil) but, inadvertently, he chose the option of MBC Creamy Layer instead of MBC Non-creamy Layer as reflected on the website. Learned counsel submits that in pursuance of press note dtd. 13/3/2020 issued by the respondent-Rajasthan Public Service Commission inviting applications for change of category, he applied for change of category from MBC Creamy Layer to MBC Non-Creamy Layer but, he was not permitted to do so. He submits that he also approached the Pre-litigation Committee constituted by the respondent for redressal of his grievance on 21/9/2021 but, the same has not been addressed till date. He submits that he has cleared the written examination and hence, he may be permitted provisionally to appear in the interview being conducted today.

(2.) Opposing the prayer, learned counsel for the respondent submits that the petitioner has applied under general category and in view of judgment of a Division Bench of this Court in case of Rajasthan Public Service Commission Vs. Yogita Yaduvanshi in D.B. Civil Special Appeal (Writ) No.804/2020 decided on 19/3/2021, the petitioner cannot be permitted to change the category after expiry of the prescribed period. He, therefore, prays for dismissal of the stay application.

(3.) Heard the learned counsels for the respective parties and perused the record.