SUNIL RAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant intra court appeal has been preferred by the appellant for assailing the judgment dtd. 2/8/2021 passed by learned Single Bench of this court whereby the writ petition seeking directions upon the respondents to consider his candidature under OBC (NCL) category for appointment on the post of Nurse Grade-II was dismissed.

(2.) The brief facts of the case are that the Director, Medical and Health Services, Rajasthan issued an Advertisement bearing No. 231 dtd. 30/5/2018 inviting applications for recruitment to the post of Nurse Grade-II under the provisions of Rajasthan Medical and Health Service Rules, 1965. The appellant being eligible for recruitment on the said post, on 2/7/2018, submitted his online application form as OBC, (NCL) candidate. The appellant was called for document verification on 18/7/2019. At that time, the appellant produced OBC (NCL) certificate dtd. 18/7/2019. The OBC (NCL) certificate was not found to be in conformity with the conditions stipulated in the advertisement dtd. 30/5/2018. Consequently, the name of the appellant was not included in the final select list of Nurse Grade-II published by the respondents on 28/4/2020. The writ petition filed by the appellant with a prayer to treat him in OBC (NCL) category came to be dismissed by the learned Single Bench on the ground that the appellant did not possess OBC (NCL) certificate in consonance with the terms and conditions of the Advertisement dtd. 30/5/2018 even at the time of document verification.

(3.) Learned counsel for the appellant, Shri Rishabh Tayal submitted that the appellant was in possession of OBC (NCL) certificates dtd. 14/2/2002, 14/6/2010, 4/7/2013 and 18/7/2019. The appellant had applied for renewal of OBC (NCL) certificate on 28/6/2018 but the same was not issued till the date of document verification. The appellant therefore, submitted an affidavit affirming that he belonged to the OBC (NCL) category and he will submit the OBC (NCL) certificate as soon as it is issued by the competent authority. It was further argued that the appellant had obtained higher marks than the cut-off marks in the OBC (NCL) category and number of seats for the post in question were lying vacant. Therefore, respondents should have provided him appointment on the post of Nurse Grade-II. Reliance was placed on the judgment of Hon'ble Supreme Court of India reported in (2016) 4 SCC 754 (Ram Kumar Gijroya v. Delhi Subordinate Services Selection Board and Ors.)