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2019 DIGILAW 1636 (RAJ)

Komal Goswami v. State of Rajasthan

2019-05-23

ARUN BHANSALI

body2019
JUDGMENT 1. This writ petition has been filed by the petitioner seeking rectification in the online application form (Annexure-5), wherein, the petitioner has indicated her marks of B.A. (Additional) instead of Graduation. 2. It is submitted that on account of fact that the marks of the petitioner in Graduation were in CGPA, the petitioner did not fill the said marks and only indicated the marks of B.A. additional, resulting in total percentage of the petitioner going down, however, if the marks of Graduation of the petitioner are taken into consideration, her total marks would go up and she would be beyond the cut off, as declared by Annexure-7. 3. Learned counsel for the petitioner submits that the issue raised in the present writ petition, permitting correction in the online application form, is covered by judgment in Dayal Choudhary v. State of Rajasthan & Ors. : S.B.C.W.P. No. 16242/2018, decided on 26.11.2018 at Jaipur Bench, wherein, in a similar nature writ petition, despite citing of judgment in the case of Kavita Choudhary v. The Registrar (Examination), Rajasthan High Court, Jodhpur : D.B. Civil Special Appeal (Writ) No. 1700/2017, decided on 01.11.2017, the writ petition was allowed and the respondents were directed to make corrections. 4. Learned counsel for the respondents does not dispute that the issue raised is covered by judgment in the case of Dayal Choudhary (supra), however, it is insisted that the petitioner would be entitled to consideration, in case there is any vacancy available in her category. 5. In view of the above fact situation and the fact that the plea raised in the present writ petition is similar to that of Dayal Choudhary (supra), the writ petition filed by the petitioner is allowed with similar direction as in the case of Dayal Choudhary (supra), wherein it was, inter alia, directed as under:- "In this view of the matter, the petitioner should make a requisite application to the Director, Elementary Education, Bikaner for the requisite correction in his application form for appointment to the post of Teacher Grade-III Level I (Non- TSP area) pursuant to the advertisement dated 12.4.2018. The respondent- Director, Elementary Education, Bikaner is directed to consider the petitioners application for rectification and thereafter consider him for appointment to the said post in terms of his merit subject to the condition of a vacancy on the said post qua the recruitment in issue obtaining. The respondent- Director, Elementary Education, Bikaner is directed to consider the petitioners application for rectification and thereafter consider him for appointment to the said post in terms of his merit subject to the condition of a vacancy on the said post qua the recruitment in issue obtaining. This exercise be completed within three weeks from the petitioners application for rectification." (emphasis supplied) 6. Needful may be done by the respondents within a period of four weeks.