JYOTI BENIWAL Vs. RAJASTHAN HIGH COURT, JODHPUR

JUDGEMENT

(1.) The petitioner is a candidate aspiring for selection under the OBC (NCL) category to the post of Civil Judge cadre under the provisions of Rajasthan Judicial Service Rules, 2010 (hereinafter referred to as 'the Rules of 2010'). The respondent No.2 Registrar (Examination), Rajasthan High Court issued an advertisement dtd. 22/7/2021 inviting online application forms from eligible and desirous candidates for direct recruitment to the vacant posts in the Civil Judge cadre under the Rules of 2010. A total of 120 posts were notified out of which, 24 were reserved for the Other Backward Class-Non Creamy layer (OBC-NCL) category. The last date for submitting the online application forms was fixed as 31/8/2021.

(2.) As per the petitioner, the applicants were required to submit the complete details in the online application forms but there was no requirement to upload the corresponding documents along with the online application forms. The petitioner has asserted that no cut-off date was prescribed/specified for submitting the caste certificate in the advertisement. The petitioner further claims that she was declared successful in the OBC-NCL category in the preliminary examinations, result whereof was declared on 11/1/2022 and was declared qualified for Main Examination. Pursuant thereto, the petitioner appeared in the Main Examination and was declared successful in the OBC-NCL category vide result published on 5/6/2022.

(3.) The respondent Rajasthan High Court issued a notice dtd. 4/8/2022 inviting the successful candidates for interview wherein, conditions Nos. iii (a) and (b) were stipulated requiring the candidates applying in the OBC/MBC (Non Creamy Layer) category to provide a certificate issued not prior to one year from the last date of submission of the application form i.e., 31/8/2021 and alternatively in case, the certificate was issued between 31/8/2018 to 30/8/2020, an affidavit to be submitted in the prescribed format along with the caste certificate.