Alok Sharma, J. - (1.) THIS petition has been filed with the prayer that the petitioner be considered in the OBC (non -creamy layer) category for recruitment to the post of Unani Chikitsa Adhikari in pursuance to the advertisement No. 2/2013 issued on 01.06.2013 and further be directed to be appointed on the said post by the respondents in the event of his standing in merit in the said category.
(2.) PURSUANT to the advertisement No. 2/2013 dated 01.06.2013 inviting application for appointment to the post of Unani Chikitsa Adhikari, the petitioner applied. A perusal of the application form submitted by the petitioner (Annexure -1 to the petition) indicates that he applied in the open category/OBC (creamy -layer) and for the purpose, as required by the advertisement in issue, deposited a sum of Rs. 2,500/ - as fee applicable to the open category and OBC (creamy -layer) candidates as against the fee of Rs. 1,250/ - required from applicants under SC/ST and OBC (non -creamy layer) category. It appears that as recruitments were being done through Dr. Sarvapalli Radhakrishanan Rajasthan Ayurved University, Jodhpur (hereinafter "University"), an advertisement came to be issued by the university subsequent to receipt of all applications, requiring the candidates to verify the uploaded data on the university website vis a vis their application forms and in the event of finding any discrepancy in the uploaded data as against the contents of the application forms submitted, to make requisite applications for rectification confined to the name of the applicant, father's name, sex, date of birth, category, marks, experience etc. The case of the petitioner is that pursuant to the University s advertisement requiring the candidates to verify the uploaded data as against the contents of their application form and seek rectification, if warranted, the petitioner moved an application before the University for making necessary correction in his online application and sought the change of his category from general/OBC (creamy -layer) to OBC (non -creamy layer) as the petitioner claims to be. It has been submitted that despite the receipt of the application for rectification filed by the petitioner, the requisite changes have not been made and the petitioner despite belonging to OBC (non -creamy layer) category continues to be treated as a general category candidate - -OBC (creamy -layer) to his detriment. It has been submitted that the petitioner was issued a OBC (non -creamy layer) certificate by the Tehsildar, Churu as early as 24.08.2009. (The said certificate has been filed as an Annexure to the petition). Thereafter the petitioner was again issued a certificate evidencing his OBC (non -creamy layer) status on 09.04.2015 - - also filed as annexure with the writ petition. Counsel has submitted that in the circumstances, the inaction of the respondent -University in failing to make the requisite rectification in the application form submitted on or about 13.09.2013 and treat the petitioner as an OBC (non -creamy layer) category candidate is wholly arbitrary, warranting interference at the hands of this Court and a direction that the petitioner be treated as such for the purpose of evaluation of his candidature for appointment to the post of Unani Chikitsa Adhikari. In support of the contention, Mr. Manish Parihar, appearing for the petitioner has relied upon the judgment of the Hon'ble Division Bench of this Court in the case of State of Rajasthan & Anr. Vs. Datar Singh [ : 2014 (1) RLW 357 (Ra.)] as also the judgment of the Hon'ble Supreme Court in the case of Charles K. Skaria & Ors. Vs. Dr. C. Mathew & Ors. [ : AIR 1980 SC 1230].
(3.) REPLY to the petition has been filed and the case set up by the petitioner emphatically resisted.;