PUSHPENDRA SINGH BHATI,J. - (1.) The petitioners have preferred this writ petition, in sum and substance, for the following reliefs : "1. by an appropriate writ, order or direction, the result dated 31.3.2017 (Annex.15) and result dated 12.4.2017 (Annex.17) may kindly be quashed and set aside. 2. by an appropriate writ, order or direction, the respondents may kindly be directed to consider candidature of the petitioner for the post of Lower Division Clerk Grade II against the category of TSP General instead of BC in pursuance of advertisement dated 26.7.2013 (Annex.4) 3. by an appropriate writ, order or direction, the respondents may kindly be directed to permit the petitioner in the further selection process while consider his category and marks against the category of TSP General. 4. by an appropriate writ, order or direction, the respondents may kindly be directed to afford appointment to the petitioner on the post of Lower Division Clerk Grade-II against the category of TSP General as per his marks status with all consequential benefits, if otherwise he stands in merit. 4. Any other appropriate writ, order or direction, which this Hon'ble Court may deem just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner. 5. The writ petition filed by the petitioner may kindly be allowed with costs."
(2.) Learned counsel for the petitioner stated that the matter is covered by judgment of this Court in Sajjan Singh v. State of Rajasthan (S.B. Civil Writ Petition No.4440/2017, decided on 24.11.2017) , the relevant para whereof reads as follows:- "11. After hearing learned counsel for the parties and perusing the record of the case as well as precedent law cited at Bar, this Court is of the opinion that on bare reading of the admit card which has been duly issued by the respondents i.e. the RPSC and the admit card begins with the word RPSC and ends with the word RPSC therefore, it has been consciously issued by the respondent to all the candidates and it has been noted by this Court that the condition No.5 invites the candidates to make the category correction upto date of the examination concerned. It is a disputed fact that the main examination happened after the petitioner had applied for the category correction for the category of NGE. 12. It is also noted that in the advertisement as well as in the admit card, the respondents have mentioned the Full Commission's resolution dated 07.05.2015 and thus, the Commission has miserably failed to inform the candidates about its resolution. The direct communication to the candidates is by admit card issued by the RPSC and the RPSC in that admit card has committed that the candidates were permitted to make the necessary application for category correction along with a postal order of Rs. 300/- which should reach the RPSC Office before the main examination in this case. 13. Admittedly, the petitioner has made the application in accordance with the condition No.5 of the admit card issued for main examination and in consonance with such condition which is virtually the permission given by the RPSC, the petitioner had called for such category correction which has been denied on account of Full Commission resolution dated 07.05.2015. The resolution was never brought to the notice of the candidates in concern but could have been applied if, there was no specific condition mentioned in the admit card of the candidates in concerned. Moreover, in the advertisement also, the rectification clause is there in the last paragraph whereby in the special note, some particulars have been laid down but this advertisement also does contain any mention of the resolution of Full Commission dated 07.05.2015 which was communicated to the candidates on 06.06.2017. 14. Apparently, the full commission resolution was in fact in existence prior to the advertisement in case, the candidates were to be permitted for category correction in light of that resolution then the same could have been informed to the candidates concerned. Thus, this Court is also of the opinion that the information given to the candidates has to have some sanctity and cannot be just brushed aside in a crucial examination like this by saying that admit card has been issued in a cyclostyle manner. Admit card has its own sanctity and thus, the application given by the petitioner in time in accordance with condition No.5 ought to have been allowed by the RPSC. 15. Both the precedent laws cited by learned counsel for the respondents do not apply in the present case as they broadly applied to the category correction where either the petitioner failed to availed the opportunity given by the RPSC or the employer failed to give such offer to the candidate to make the category correction. Hence, this is a totally different case as the admit card issued by the RPSC itself provided opportunity to the candidates for category correction. 16. In light of the aforesaid observations, the present writ petition is allowed and the rejection order of the category correction passed by the RPSC dated 06.06.2017 which is Annex.A/A/1 is hereby quashed and set aside and the respondents are directed to correct the category of the petitioner in accordance with their application submitted in accordance with admit card issued by the RSPC and permit him in the benefit of such category correction to the category of Non-Gazetted Employees (NGE)."
(3.) Counsel for the respondent-Commission vehemently opposed the argument on the count that a condition was specifically mentioned in the admit card itself that any sort of correction in name, father's name, date of birth and category etc., could be sought for by the applicant by submitting an application alongwith postal order of Rs. 300/- in favour of Commission before the date of exam and any amendment shall be subject to final decision of RPSC. This Court finds that there was a resolution of Full Commission dated 07.5.2015 but the candidates were not informed of such resolution. RPSC consciously permitted the petitioners to make necessary category correction upto the date of exam and accepted category correction by providing a separate link on the website of RPSC from 26.11.2014 to 07.12.2014.;