NAGESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties at length. The petitioner is a Jat category candidate from the district Bharatpur. The same was treated as a General OBC (Creamy Layer) category and therefore the petitioner was treated as a General category candidate in the selection process which was conducted for the post of Assistant Agriculture Officer (hereinafter referred to as "AAO").

(2.) Learned counsel for the petitioner submits that in the advertisement where the application form was to be submitted online there was no option other than General/ OBC (Creamy Layer) available for him and he therefore filled the said option. However, the State Government vide notification dated 23.8.2017 declared the petitioner's category as that of OBC meaning thereby Jat category persons from Bharatpur and Dholpur were to be treated in OBC but Rajasthan Public Service Commission (hereinafter referred to as "RPSC") did not grant any correction opportunity to the petitioner. At the time of the interview the petitioner submitted an application form mentioning his category as OBC but the respondents did not consider him as OBC category and declared the result.

(3.) Counsel for the petitioner further submits that the petitioner has thereafter submitted a representation to the authority to treat him as OBC category candidate as he was coming in merit and he should have been given appointment. He therefore prays that his petition be allowed and he should be treated as an OBC category candidate andas per merit he may be considered for appointment. Counsel for the petitioner further submits that appointments have been given subsequently on 13.5.2020 and it was during the pendency of the writ petition. Hence petitioner cannot be deprived of his claim.