STATE OF RAJASTHAN Vs. REKHA SWAMI

JUDGEMENT

(1.) The instant intra-court appeal has been preferred by the State of Rajasthan for assailing the judgment dtd. 5/2/2020 passed by learned Single Bench of this Court whereby writ petition No. 1651/2020 preferred by the respondent-writ petitioner was accepted and the State was directed to consider her candidature in the OBC non-creamy layer for selection on the post of Female Health Worker (ANM) pursuant to the recruitment notification issued by the Medical and Health Department on 18/6/2018.

(2.) The admitted position as is evinced from the record is that while filing the online application form, the respondent selected her category as being OBC non-creamy layer. However, the caste certificate dtd. 7/6/2019 which was filed along with her application form depicted that she hailed from the OBC creamy layer category.

(3.) Thus, after document verification, the respondent's name was not reflected in the final select list upon which, she submitted a complaint annexing therein another certificate dtd. 18/12/2019 wherein her category has shown to be OBC non-creamy layer. She also relied upon a certificate dtd. 21/3/2013 issued by the Tehsildar Chirawa affirming her status as OBC non-creamy layer. The learned Single Bench accepted the contentions advanced on behalf of the respondent-writ petitioner and relying on the judgment rendered by Single Bench in the case of Rajesh Kumar v. State of Rajasthan (S.B. Civil Writ Petition No. 276/2020, decided on 28/1/2020) issued a writ to treat the writ-petitioner in OBC non-creamy layer and to consider her candidature accordingly by final order dtd. 5/2/2022 which is assailed in this intra-court appeal.