- (1.) THE writ -petitioner, a contender for direct recruitment to the post of Civil Judge (JD) -cum -Judicial Magistrate First Class in the Rajasthan Judicial Service (for short, hereinafter referred to as "the Service"), being aggrieved by the rejection of his request for changing his category from OBC/SBC creamy -layer to OBC/SBC non -creamy layer, seeks to invoke the extra -ordinary writ jurisdiction of this Court for redress.
(2.) THE run up of facts leading to the institution of the instant proceeding are that the respondent No. 1 -Registrar, Examination Cell, Rajasthan High Court, Jodhpur had on 25.11.2013 issued an advertisement initiating the process for direct recruitment to the post of Civil Judge (JD) -cum -Judicial Magistrate First Class in the Service. Out of 187 posts advertised, 39 were earmarked for OBC candidates. The selection process as detailed in the advertisement was shown to be comprised of preliminary examination followed by main examination and interview. The number of candidates to be admitted to the main examination was determined to be 15 times the number of vacancies (category -wise) subject to rider that the candidates to qualify were to secure the minimum marks as prescribed and further, to meet the cut off marks. Apart from setting out the conditions of eligibility, the advertisement in clear terms required the candidates to traverse it (advertisement) in details and to furnish complete and correct informations as sought for. They were alerted thereby that in the event of incorrect and wrong particulars in their applications, the same would be rejected and they would not be allowed to participate in the examination; a consequence for which they would be solely responsible. The writ -petitioner submitted his on -line application by indicating his category to be OBC/SBC creamy layer. He was thereafter being registered as such and was allowed to participate in the preliminary examination which was held on 23.3.2014. In the results declared on 8.4.2014, the writ -petitioner claims to have scored 75% marks. According to him, though the cut off marks for OBC category was 73%, he has been debarred from partaking the main examination as a OBC candidate as he had wrongly filled his category as OBC/SBC creamy layer instead of OBC/SBC non -creamy layer for which he has been construed to be a general category candidate. According to him, his name this did not appear in the list of candidates of OBC category. Situated thus, the writ -petitioner submitted a representation before the respondent No. 1 alongwith all testimonials in endorsement of his claim of being a member of OBC/SBC non -creamy layer. The said respondent having by his communication (Annex. 10 to the writ petition) declined to accede to his request for change of category, he is before this Court.
(3.) THE learned counsel for the petitioner while admitting his (writ -petitioner) mistake in mentioning his category to be OBC/SBC creamy layer in his online application, has urged that he ought not to have been construed as a general category candidate for such trivial and unintentional mistake and that thus, the impugned decision is per se illegal, unreasonable, unfair and unjust and ought to be annulled. That the writ petitioner is really a member of the OBC/SBC non -creamy layer category has been sought to be demonstrated by referring to the certificates appended to the writ petition. Reliance has also been placed on the decisions of the Single Bench of this Court in a batch of writ petitions lead case being S.B. Civil Writ Petition No. 9170/2012 Datar Singh V/s. State of Rajasthan & ors. (decided on 11.9.2012) and of a Coordinate Bench of this Court in a bunch of appeals, lead case being D.B. Special Appeal (Writ) No. 875/2012 State of Rajasthan & anr. V/s. Datar Singh (decided on 31.7.2013).;