- (1.) The instant special appeal has been filed by the appellant/writ-petitioner against the judgment dated 26th of April, 2017 passed by learned Single Judge in CW No.1992/2016, whereby the learned Single Judge dismissed the writ petition filed by the appellant/writ-petitioner and held that the appellant cannot allowed to change category after the cut-off date and after declaration of result for the post of Nurse Grade-II in pursuance of the advertisement dated 26.02.2013.
(2.) As per facts of the case, appellant/writ-petitioner participated in the process of recruitment on the post of Nurse Grade-II in pursuance of advertisement dated 26.02.2013 issued by the Medical & Health Department, Govt. of Rajsathan. The application form was submitted by the appellant/writ-petitioner under the category of OBC (Creamy layer) and he was considered under the same category for the post in question. As per contention of the learned counsel for the appellant/writ-petitioner after declaration of result, he approached the concerned authorities to issue certificate under the OBC (Non-Creamy layer) because inadvertently the certificate of OBC (Creamy Layer) was issued. AS per appellant, upon documents submitted by him, certificate of OBC (Non-Creamy Layer) was issued in his favour on 28.08.2015, the appellant/writ-petitioner submitted the said corrected certificate i.e. OBC (Non-Creamy Layer) before the respondents to consider his candidature under the category of OBC (Non-Creamy Layer) but respondent refused to accept the petitioner's prayer.
(3.) The learned Single while considering the fact that initially the petitioner applied for the post under the category of OBC Male (Creamy Layer) and his case was considered by the respondents in the said category, however, subsequently after completion of selection process and when result was declared, the appellant obtained fresh OBC certificate of OBC (Non-Creamy Layer), therefore, it was not accepted by the respondent State in view of the fact that as per advertisement dated 26.02.2013, it was made clear to the candidates under Clause 12.2 that after submission of application, no such certificate or document shall be admitted, nor any change shall be permitted.;