ALOK SHARMA,J. - (1.) The case of the petitioner is that respondent-Rajasthan Public Service Commission (RPSC) issued an advertisement on 02.04.2018 for appointment to the post of RAS/ RTS and allied services. The appointments were to be made through Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examination, 2018 (RAS/ RTS Examination, 2018). The petitioner at the relevant time was serving in the Indian Army and anticipating his retirement within a year, he thus applied within the terms of the advertisement. However while filling up the on-line application form the petitioner claimed to be considered only in the category of OBC but not in the OBC (Ex-servicemen). He was so admitted to examination and admit card issued. It has been submitted that in the RAS/ RTS Preliminary Examination result declared on 23.10.2018, having secured 62.64 marks the petitioner is far more meritorious then even the highest ranking OBC (Ex-Servicemen) as the said examination with 38.34 marks. Realizing the inadvertent error the petitioner subsequently sought rectification of the application form and change the category applied in from OBC Male to OBC (Ex-servicemen). The petitioner's case is that on completion of pensionable service, he has sought Voluntary Retirement Scheme (VRS) from the Indian Army and in terms of a certificate dated 8.9.2018 in that regard issued by the Colonel Commanding Officer 14 RAPID Ordinance Unit, it is evident that he is to retire within one year and be relieved from service on or before 31.05.2019 or even earlier in case he is prior thereto appointed in Government Service. The petitioner submits that on the basis of the aforesaid certificate dated 08.09.2018, he represented to RPSC for rectification in his application form for RAS/ RTS examination 2018 from OBC Male category to OBC (Ex-Servicemen). It has been submitted that respondent- RPSC is yet arbitrarily not allowing the petitioner to change his category from OBC as erroneously indicated in the application form to OBC (Ex- Servicemen) and in the process denying a meritorious OBC (Ex- Servicemen) candidate the right to write the RAS/ RTS examination. In support of the contention, reliance has been placed on the judgment of this court in the case of Kavita Choudhary Versus Registrar D.B. Civil Special Appeal (Writ) No.1700/2017 decided on 01.11.2017, where it has been held that a bona fide mistake in submission of an application form should not be mechanically and unreasonably perpetuated to the detriment of an applicant, more particularly when the requisite rectification of such bona fide mistake would not entail prejudice to any third party rights. This situation, counsel for the petitioner submitted, situation obtains in the present case.
(2.) Reply to the petition has been filed.
(3.) Mr.S.C. Gupta appearing for the respondent-RPSC submitted that the petitioner specifically applied for the RAS/ RTS Preliminary Examination in the category of OBC (Male) alone and rightly so as he was not at the relevant time discharged from service in the Indian where he is even till date so employed. As such there was no inadvertent mistake in the petitioner's online application form as now alleged as a mere afterthought. Yet the petitioner cleverly seeks a change in the category in which he applied online to write the RAS/ RTS examination to OBC (Ex- Servicemen) as he did not make the cut off as a OBC (Male) candidate in the Preliminary Examination. Mr.S.C. Gupta pointed out that the representation for rectification of the petitioner's category from OBC (Male) simplicitor to OBC (Male) Ex- serviceman has been filed only subsequent to the declaration of the RAS/ RTS Preliminary Examination on 23.10.2018 when he did not make the requisite cut off as OBC (Male) simplicitor. It has been submitted that the case of the Kavita Choudhary Versus Registrar (Supra) is not at all applicable to the facts of the present case as the rectification sought through the Court is not for reason of an inadvertent innocuous error having been earlier made but is to overcome failure in the OBC (Male) category to qualify for the RAS/RTS Main Examination. This even while the petitioner even as of today is not an ex-servicemen. Attention of the court has drawn to the certificate dated 08.09.2018 under the hand of the Colonel Commanding Officer 14 RAPID Ordinance Unit relied upon by the petitioner himself to claim ex-servicemen which states that the petitioner will voluntary be retired from the Army within one year and will be relieved from service on or before 31.05.2019 or earlier in case he is appointed in any Government service. Mr.S.C. Gupta submitted that the said certificate relied upon by the petitioner himself is thus itself proof of the petitioner presently being in service. Relying on Rule 6(B) of the Rajasthan Civil Services (Absorption of Ex-Servicemen) Rules, 1988 (as amended in 2018), Mr.S.C. Gupta submitted that a person whose retirement is forthcoming within one year and who has rendered pensionable service can indeed on the basis of no-objection certificate (NOC) from the competent authority, be eligible to buttress such an application to apply for a post in the Government but he/ she shall have to submit proof of retirement to the appropriate selection agency, (a)before appearing in the main examination, where selection is made through a two stage written examination and an interview; (b) before appearing in examination where selection is made through written examination and interview;(c) before appearing in written examination or interview where selection is made through only written examination or only interview, as the case may be. Mr.S.C. Gupta submitted that the petitioner if indeed intent to apply in the OBC (Ex-Servicemen) category he ought to have so done on the basis of NOC at the relevant time. He did not so do nor submit any NOC from the Indian Army alongwith the on- line application form or claim to apply in the category of OBC (Ex- Servicemen). But as submitted earlier he applied in the category of OBC simplicitor. Mr.S.C. Gupta submitted that in any event the petitioner has thus far has not submitted any proof of retirement from the army even when the RAS/ RTS main examination are to commence 23.01.2019 as he would not as he is still in service. Mr.S.C. Gupta submitted that in these circumstances the petitioner has no case whatsoever of a change of his category at the RAS/ RTS preliminary examination2018 from OBC (Male) to OBC (Male) (Ex-Servicemen). And the petition being a speculative one without any iota of legal foundation be dismissed.;