HEERA LAL Vs. RAJASTHAN PUBLIC SERVICE COMMISSIONER

JUDGEMENT

(1.) This appeal is directed against the order dtd. 18/2/2022 passed by the learned Single Judge whereby the petition seeking mandamus for correction of the entries made in the application form has been dismissed.

(2.) Learned counsel for the appellant would argue that the appellant indisputably belongs to non-gazetted government employee category. It was only by inadvertent mistake that while submitting the application form, the said mention could not be made. However, even before the start of the main examination, when it was realized after receipt of the admit card, immediately an application for correction was made. Learned counsel for the appellant would argue that the judgments, which have been relied upon by the learned Single Judge to dismiss the writ petition, are distinguishable on facts because those were the cases where the correction was not carried out within the time limit prescribed in the admit cards, whereas in the present case, no time limit has been prescribed in the admit cards.

(3.) Relying upon an order passed by the learned Single Judge of this Court in the case of Chandra Prakash Sharma v. State of Rajasthan and Ors. [S.B. Civil Writ Petition No. 12016/2021, vide order dtd. 7/9/2021], it has been submitted that on facts that case was similar to the case of the appellant. In that case, it was argued that certain inadvertent omission while filling the application form has been done. Taking into consideration the nature of the errors, which had crept in and that in normal circumstance a candidate would not realize while submitting the application form when there are more than one column, relief was granted. It is submitted that in the present case also, there were number of informations required to be included in the application form. The appellant belonged to OBC category apart from non-gazetted government employee category and thus, he was entitled to the benefit of horizontal reservation made for such category. This particular declaration was inadvertently omitted.