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2025 DIGILAW 163 (RAJ)

Rajendra Kumar Daroga v. State of Rajasthan

2025-01-29

NUPUR BHATI

body2025
ORDER : NUPUR BHATI, J. 1. The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking following relief: “It is, therefore, most respectfully prayed that this Hon'ble Court may very graciously be pleased to accept and allow this writ petition and further be pleased to issue an appropriate writ order or direction in the nature thereof thereby; i) by an appropriate writ, order or directions may kindly be issued and the respondent Director Ayurved Department may kindly be directed to provide the appointment to the petitioner on the post of Ayurved Compounder/Nurse Junior Grade against the advertisement No.01/2018 (Annexure-1) forthwith and further the respondent directed to provide all consequential benefits the petitioner from to 12.02.2020. ii) 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. iii) the petitioner may kindly be awarded the cost of this writ petition.” 2. Briefly stated, the facts of the case are that the respondent- Department issued an advertisement in the year 2018 for recruitment to the post of Ayurved Compouder/Nurse Junior Grade under the Rules of Rajasthan Ayurved, Unani, Homeopathy and natural Medical (Subordinate Service) Rules. The petitioner thereafter submitted application for the same under the category of Other Backward Class (Non-Creamy) layer [‘OBC (NC)’] (Annex.1) with the requisite documents including her caste certificate dated 12.04.2013 (Annex.2 colly.). On 21.01.2020, the respondent-Department issued the revised provisional cut-off marks (Annex.3), whereby the cut-off marks for OBC category (women) candidates were declared as 54.81. Subsequently, the Directorate, Ayurved Department, issued a list of selected candidates for appointment on 12.02.2020 (Annex.4), wherein the petitioner’s name was not mentioned. 3. Thereafter, the petitioner along with several other candidates, filed an application before the Registrar of the University in pursuance of the list issued on 12.02.2020 (Annex.4), in response to which a committee was constituted to enquire into the matter. Subsequently, the committee, in its report dated 02.03.2020 (Annex.7) observed that the petitioner’s name shall be included between Sr. No. 36 and 37, and in pursuance thereof, the Director sought a response from the Registrar vide communication dated 04.05.2020 (Annex.8) as to whether the petitioner is eligible for the appointment or not. Subsequently, the committee, in its report dated 02.03.2020 (Annex.7) observed that the petitioner’s name shall be included between Sr. No. 36 and 37, and in pursuance thereof, the Director sought a response from the Registrar vide communication dated 04.05.2020 (Annex.8) as to whether the petitioner is eligible for the appointment or not. Thereafter, on 18.08.2020 (Annex.13), after seeking a legal opinion on the matter was sought, the Registrar submitted its reply stating therein that the petitioner is entitled for appointment in the category of OBN (NC) female since she had submitted caste certificate dated 26.06.2019. 4. Subsequently, the petitioner was called for verification of documents on 17.02.2021, vide letter dated 12.02.2021 (Annex.15) which the petitioner complied with, however the respondent-Department has failed to issue appointment letter to the petitioner with regards to the said post. 5. Aggrieved by the inaction of the respondent-Department, the petitioner has preferred the present writ petition. 6. Learned counsel for the petitioner submits that the caste certificate dated 12.04.2013 (Annex.2) has been submitted by the petitioner while filling the application form (Annex.1). He submits that the recent caste certificate does not mean newly issued caste certificate, but the interpretation of the term recent should have been lastly issued caste certificate and thus, the petitioner deserves to be appointed. 7. Learned counsel for the petitioner submits that the petitioner ought to have been given appointment on the ground that she was meritorious candidate inasmuch as the cut-off marks for the OBC (NC) female category as mentioned in the list (Annex.3) are 54.81 marks while the petitioner has secured 54.84 marks, which is also reflected from the report (Annex.7) submitted by the committee, constituted for examining the applications received as a result of issuing the merit list of Ayurved Nurse/Compounder Recruitment 01/2018 by the Director, Ayurveda Department Directorate, Ajmer. 8. Learned counsel for the petitioner submits that upon the representations filed by various candidates including the petitioner, the said committee was constituted which further recommended in its report (Annex.7) that petitioner’s name should be included by amending the merit list, between Sr. No. 36 and 37 in the category of OBC (NC) female. He also submits that the petitioner also submitted an affidavit on 08.05.2020 (Annex.9) but the respondent did not issue the appointment letter in favour of the petitioner for the reasons best known to them. 9. No. 36 and 37 in the category of OBC (NC) female. He also submits that the petitioner also submitted an affidavit on 08.05.2020 (Annex.9) but the respondent did not issue the appointment letter in favour of the petitioner for the reasons best known to them. 9. Per contra, learned counsel for the respondent submits that the petitioner has not submitted the caste certificate reflecting that she belonged to OBC (NC) category as per the conditions laid down in the advertisement. She also submits that the Caste Certificate dated 12.04.2013 (Annex.2) submitted by the petitioner was valid for a period of three years only as per the Circular dated 24.01.2013 issued by Social Justice and Empowerment Department, Government of Rajasthan and therefore, the petitioner was considered under the general category however, the petitioner did not qualify the cut-off marks mentioned for the general category. 10. Learned counsel for the respondent nevertheless submits that the petitioner submitted an application along with affidavit on 08.05.2020 (Annex.9), including the caste certificate dated 26.06.2019 (Annex.2) while indicating that her category is OBC (NC). She also submits that the caste certificate dated 26.06.2019 (Annex.2) was taken into consideration by the committee in its report (Annex.7) and subsequently, appointment of Mr. Raj Kumar Daroga was cancelled while the candidature of petitioner was considered. She further submits that vide order dated 11.02.2021 (Annex.R1), administrative sanction was also granted for giving appointment to the petitioner. She submits that as the petitioner had not submitted recent caste certificate of OBC (NC) her candidature could not be considered in the OBC (NC) Category. 11. Heard learned counsel for the parties and perused the material available on record. 12. This Court finds that the petitioner while submitting the application form (Annex.1) for the post of Ayurved Compounder/Nurse Junior Grade indicated her category as OBC (NC). The last date to submit application form was 05.11.2018 as indicated in the condition 1(i) of the advertisement. It is admitted fact that at the time of filling the application form (Annex.1) the petitioner was having caste certificate dated 12.04.2013 (Annex.2 colly.). This fact cannot be denied that the advertisement dated 06.10.2018 contained condition no.3 (iii) which stipulated that the caste certificate shall be recent and condition no.9 (2) stipulated that no certificate issued after the last date of filing of application form i.e., 05.11.2018 shall be considered valid. This fact cannot be denied that the advertisement dated 06.10.2018 contained condition no.3 (iii) which stipulated that the caste certificate shall be recent and condition no.9 (2) stipulated that no certificate issued after the last date of filing of application form i.e., 05.11.2018 shall be considered valid. The aforesaid conditions are reproduced hereunder as: Condition No.3(iii): Condition No.9(2) 13. This Court finds that the petitioner tried to correct her mistake by submitting recent caste certificate dated 26.06.2019 (Annex.2 colly.) showing herself to be in OBC (NC) category. Although, in the committee report (Annex.7) the Circular dated 09.09.2015 (Directions for Caste Certificate) has been mentioned for the purpose of ascertaining the validity of the OBC (NC) Caste Certificate but the same would not be applicable in the present case as the caste certificate dated 12.04.2013 was issued prior to the Direction for Caste Certificate dated 09.09.2015 and instead the Decision/Guideline dated 24.01.2013 issued by the Social Justice and Empowerment Department, Government of Rajasthan would be applicable; though the conditions with respect to OBC (NC) certificate are pari materia in both these documents. This court finds that as per the Decision/Guideline dated 24.01.2013 an OBC (NC) Caste Certificate shall be valid for three years from the date of issuance on the basis of the affidavit of the holder of such certificate in this behalf. The relevant conditions of the Decision/Guideline dated 24.01.2013 is reproduced hereunder: Thus, the above Decision/Guideline makes it clear that the OBC (NC) Caste Certificate dated 12.04.2013 submitted by the petitioner was valid only upto 11.04.2016 on the basis of the submission of affidavit by the petitioner in this behalf, meaning thereby that at the time of filing the application form (Annex.1) there was no valid OBC (NC) Caste Certificate in possession of the petitioner indicating that she belongs to the OBC (NC) Category. Further, the report dated 02.03.2020 (Annex.7) indicates that the OBC (NC) Caste Certificate dated 12.04.2013 expired after three years on 11.04.2013; on account of which the petitioner was considered in the general category but being less meritorious she could not find place in the cut off marks for the general category. Further, the report dated 02.03.2020 (Annex.7) indicates that the OBC (NC) Caste Certificate dated 12.04.2013 expired after three years on 11.04.2013; on account of which the petitioner was considered in the general category but being less meritorious she could not find place in the cut off marks for the general category. The report dated 02.03.2020 (Annex.7) also indicates that the committee after considering the representation dated 24.02.2020, found that the petitioner, at the time of filing of the application form (Annex.1) mentioned her category as OBC (NC), however, the OBC (NC) Caste Certificate dated 12.04.2013 was valid for a period of three years (i.e., upto 11.04.2016) and the new Caste certificate was issued on 26.06.2019, thus, the committee proposed for an affidavit to be submitted by the petitioner to the effect that during the interregnum period i.e. when the caste certificate dated 12.04.2013 expired (i.e., 11.04.2016) and the issuance of the caste certificate dated 26.06.2019, whether she remained in the category of OBC (NC) or not. 14. The petitioner participated in the selection process with open eyes and it was very much known to her that she was required to submit her recent OBC (NC) Caste Certificate as the earlier OBC (NC) Caste Certificate dated 12.04.2013 had expired way back on 11.04.2016 in the light of the Decision/Guideline dated 24.01.2013. This Court finds that the respondent have committed a grave mistake by cancelling the appointment of Mr. Rajendra Kumar Daroga and considering the petitioner as eligible for appointment on the post of Ayurved Compounder/Nurse Junior Grade in OBC (NC) Female category vide order dated 11.02.2021 (Annex.R/1) despite the fact that the petitioner was not having a valid caste certificate prior to the cut off date fixed for filling the application form. 15. Thus, this Court finds that the petitioner is not having the due eligibility for the purpose of considering her candidature in OBC (NC) Category on account of the fact that she has submitted the OBC (NC) Caste Certificate dated 26.06.2019 (Annex.2 Colly.) issued after the last date of the submission of the application form i.e., 05.11.2018 and the earlier caste certificate dated 12.04.2013 had already expired on 11.04.2016 and thus the petitioner has rightly been not given appointment on the post of Ayurved Compounder/Nurse Junior Grade in OBC (NC) Female category. 16. Accordingly, the instant writ petition is dismissed.