RAJASTHAN PUBLIC SERVICE COMMISSION Vs. BHOOMA RAM GURJAR

JUDGEMENT

(1.) Appellant-Rajasthan Public Service Commission has filed the appeal challenging the order dtd. 27/9/2019 passed by the learned Single Judge, whereby, writ petition filed by Respondent No. 1 was allowed.

(2.) Learned state counsel has submitted that appellant had applied for the post of Junior Accountant in pursuance to the advertisement dtd. 18/9/2013. Last date for filling up the form was 15/5/2015. As per Annexure-R/2 (attached to the reply to writ petition), the last date for submission of change of category was 1/10/2016. So far as Respondent No. 1 is concerned, he had sought that his candidature be considered in the category of physically handicapped person vide representation dtd. 20/2/2017. In this factual background, learned Single Judge fell in error in allowing the writ petition filed by Respondent No. 1.

(3.) Learned counsel for Respondent No. 1 has submitted that appellant had become physically handicapped person after he had submitted the application form. As per Annexure-R/1 placed on record by the appellant, in case of physically handicapped person, correction or change in category could be made before the declaration of the final result. It was evident from the order dtd. 14/11/2017 Annexure-5 (attached to the writ petition), whereby representation submitted by Respondent No. 1 was dismissed, that initially result was declared on 7/11/2016 and thereafter from time to time the result was revised and final result was declared on 7/6/2017. Respondent No. 1 had sought change in category before the declaration of the final result. Hence, the writ petition had been rightly allowed by the learned Single Judge.