RAMSAWROOP RAR S/O HARIRAM RAR Vs. RAJASTHAN PUBLIC SERVICE COMMISSION
LAWS(RAJ)-2019-3-60
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on March 15,2019

Ramsawroop Rar S/O Hariram Rar Appellant
VERSUS
RAJASTHAN PUBLIC SERVICE COMMISSION Respondents

JUDGEMENT

ALOK SHARMA, J. - (1.) The petitioner seeks change of his category from OBC (Non creamy layer) Ex- Servicemen to that of OBC (Non creamy layer) in respect of his application for the Rajasthan State and Subordinate Services Combined Examination, 2018.
(2.) The case set up by the petitioner is that at the time of filing of the online application form, he availed the services of E-kiosk, and in the process of filing the said application, it appears that aside of his applying in the OBC (Non creamy layer) category, to which he belongs, the Ex-Servicemen category was also erroneously ticked by the person manning the E-kiosk even though he was not instructed to so do. Counsel submitted that no further information with regard to PPO Number, as required from the applicant in the Ex- Servicemen category was furnished by the petitioner in the online application form. Rather it was specifically stated against the said column in the application form the information as to PPO was not applicable (N A). The absence of intent to apply as an Ex-servicemen was thus evident. Counsel submitted that the admit card issued to the petitioner, also indicated him to be in the OBC (Non Creamy Layer) category and not OBC- (Non- creamy layer) Ex-servicemen category. The petitioner in the circumstances even at the stage when he wrote the Preliminary Examination was unaware of the inadvertent error in his online application form. It has been submitted that it was only when the result of the preliminary examination was declared on 23.10.2018 that the petitioner came to know that he had been categorized in the OBC (Non-Creamy Layer) Ex- Servicemen category candidate. In the circumstances an application for rectification of the inadvertent error in the petitioner's online application form was made to the respondent- Rajasthan Public Service Commission (RPSC) and prayer for change of his category from OBC (Non- creamy layer) (Ex-Servicemen) to OBC (Non creamy layer) simplicitor category was filed but rejected on 21.12.2018. It has been submitted that the petitioner has secured cut off mark higher than the cut off marks in the OBC (Non creamy layer) category at the preliminary examination and would be entitled to write the main examination in that category--if category change sought by him is in the facts of the case is allowed.
(3.) Mr.Shiv Charan Gupta appearing for the respondent- RPSC submitted that the petitioner was given three opportunities by the RPSC from time to time to make any necessary rectification in respect of any error in the online application form. The first opportunity was available with the petitioner under advertisement dated 2.4.2018 itself, whereunder within seven days of the filing of online application any error therein could be rectified. That opportunity was not availed by the petitioner. Subsequently another opportunity was furnished to all applicants to make the desired rectification in the online application form with requisite fee within seven days from the last date for receipt of applications. The petitioner yet made no rectification application. RPSC, thereafter by a corrigendum allowed a third opportunity to the applicants to rectify any error made in their online application form on payment of fee. Yet again the petitioner did nothing to seek rectification in his online application form. It has been submitted that the recklessness of the petitioner in failing to avail the aforesaid three opportunities to rectify, a purportedly inadvertent error in his online application form evidences his lack of bonafides and hence category change sought ought not to be permitted in the exercise of this Court's equitable extraordinary jurisdiction.;


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