Mohammad Rafiq, J. - (1.) BY this petition, it is submitted that the respondents invited applications for appointment on the post of Constable vide advertisement dated 5.11.2012. Petitioner submitted on line form, but due to mistake of E -mitra, her gender was wrongly mentioned as OBC (Male), whereas it ought to be OBC (Female). Petitioner made application to the respondents for correction in the gender. The application was allowed. In the result that was declared she was declared to have qualified in OBC (Female) category. Despite having change of gender of the petitioner and correction of mistake, she was not granted appointment. Petitioner has secured merit position No. 838 and the respondents have already given appointment upto merit position 849, petitioner has not been given appointment. Learned counsel has cited the judgment of coordinate bench of this Court in Prem Singh Jadaun vs. State of Rajasthan & Ors., S.B. Civil Writ Petition No. 2868/2011 decided on 14.12.2001 wherein the candidate has not indicated his gender in the application form and left the column blank, the Court on consideration of clause 9(xi) of the advertisement held the same to be directory and not mandatory. The matter was taken to the division bench in State of Rajasthan & Ors. vs. Prem Singh Jadaun, decided on 3.10.2012, which has upheld the judgment of single bench with the following observations: "We have heard learned counsel appearing on behalf of the appellant. In our opinion, once correct gender was disclosed in the OMR answer sheet, defect, if any, in the application form was of trivial nature and was not such so as to reject the candidature itself. Once correct gender was before the respondents, application form of the petitioner could not have been cancelled. In the peculiar facts and circumstances of the case, we find the order passed by Single Bench to be appropriate. For the aforesaid reasons, the appeal is hereby dismissed. Civil Misc. Stay Application No. 11611/2012 is also dismissed. Civil Misc. Application No. 95/2012 is disposed off." It is contended that the similar view was reiterated in the case of Virendra Singh vs. State of Rajasthan & Ors., S.B. Civil Writ Petition No. 14480/2011 decided on 20.2.2013 whereby the writ petition was allowed and respondents were directed to consider the case of the petitioner and if found in merit, grant him appointment, subject to other eligibility.
(2.) THIS petition therefore deserves to be allowed and is accordingly allowed. The respondents are directed to consider the case of the petitioner and if she is found to have secured more marks than the cut off of OBC category and otherwise found suitable in all respects, grant her appointment within two months from the date copy of this judgment is produced before them.;