The Rajasthan High Court directed the Authorities to consider the Petitioner’s candidature in the EWS category for the post of Nursing Officer and rejected the objection that the petitioner obtained a certificate from Haryana and thus couldn't be given the benefit in Rajasthan.

The Petitioner had approached the High Court, aggrieved by an undated decision rejecting her candidature in the EWS category instead of treating her in the General category for the selection process for the post of Nursing Officer.

The Single Bench of Justice Arun Monga said, “There is an admission on part of the respondents regarding the petitioner not being given the benefit of the change in category after the window was provided for all candidates to modify their online application forms. This amounts to tacit acknowledgment, as the absence of any denial of the petitioner’s request for a change of category indicates that it was rejected.”

Advocate Rajat Arora represented the Petitioner while Govt. Counsel Mukesh Dave represented the Respondents.

Factual Background

The petitioner was born in Haryana and later migrated to Rajasthan after her marriage. She belongs to the EWS category, as her gross family income is below the prescribed limit. The petitioner applied to the post of Nursing Officer. However, as a migrant candidate, she was forced to submit the application in the unreserved category, despite belonging to the EWS category. The petitioner approached the respondents to change her category.

Subsequently, respondents issued a provisional list but despite the petitioner having secured marks higher than the cutoff in the EWS-Female category, she was excluded from the recruitment process. Aggrieved, the petitioner submitted another representation requesting that her candidature be considered in the EWS category. Despite this, the petitioner’s name was not included in the final list and no valid reason was provided. Subsequently, the respondents gave an undated decision rejecting her representations. Hence, the petition came to filed before the High Court.

Reasoning

The Bench noticed the undisputed fact that the petitioner belonged to the Economically Weaker Section (EWS) category. Her candidature in the said category was rejected on the ground that the EWS certificate provided to her was after the cutoff date of advertisement. The advertisement stated that applicants from Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), Extremely Backward Classes (EBC), and Economically Weaker Sections (EWS) will be allowed to submit the prescribed certificate as per the Department Circular, dated October 17, 2022

The Circular provided a window for a limited period and thus the petitioner requested a change in her category from General to EWS based on the subsequent certificate provided to her. Even though she belonged to the EWS category as of the cut-off date, she could not submit the certificate online as she was not in physical possession of it. In the present case, the respondents themselves allowed candidates to change their category after submitting the online application, effectively extending the cut-off date, it added.

The Bench relied upon the judgment in Aman Kumari Vs. State of Rajasthan & Ors (2022), wherein it has been held that once the State itself in its Circular has ordered for issuance of EWS certificate to eligible women married within the State, the stipulation in the advertisement cannot debar the candidates like petitioners, who are otherwise entitled to the benefit of reservation provided to the EWS category candidates. “As for the change of location from Haryana to Rajasthan, it does not render the petitioner ineligible to seek the benefit of the EWS certificate issued by the competent authority”, it said.

The Bench held, “In view of the aforesaid judgment, the objection that the petitioner obtained a certificate from Haryana and cannot be given the benefit in Rajasthan is being noted only to be rejected.” Thus, allowing the Petition, the Bench directed, “The respondents are directed to consider the candidature of the petitioner in the EWS category in terms of the circular dated 17.10.2022 (Annex. 15) by taking an undertaking/affidavit from the petitioner that as of the cut-off date, she belonged to the EWS category. Upon subsequent verification, if the information is found to be false, it goes without saying that the petitioner shall face the consequences.”

Cause Title: Anita Devi v. The State Of Rajasthan & Ors. (Neutral Citation: 2025:RJ-JD:2518)

Appearance:

Petitioner: Advocate Rajat Arora

Respondents: Govt. Counsel Mukesh Dave

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