JASA RAM Vs. RAJASTHAN PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) BY the instant petition, the petitioner has prayed that a writ, order or direction in the appropriate nature may be issued in his favour and the respondent- the Rajasthan Public Service Commission (hereinafter referred to as `the RPSC') may be directed to change/correct the category of the petitioner from General to OBC category and, accordingly, his result may be declared and, on found suitable, he may be allowed to appear in the Main Examination, 2003, with all consequential benefits.

(2.) BRIEF facts, giving rise to the instant petition are that the petitioner belongs to Other Backward Caste (OBC) as is evident from the Certificate dated 3. 12. 1999 (Annexure 1) issued by the Tehsildar, Desuri, District Pali (Rajasthan ). On April 6, 2003, the RPSC published an advertisement No. 1, by which applications were invited for the purpose of direct recruitment to the post of Rajasthan Administrative and Subordinate Services by way of Combined Competitive Examination, 2003. In the aforesaid advertisement, eligibility, criteria and procedure has been laid down and the last date for submitting the application form was June 7, 2003. Since the petitioner was possessing requisite qualifications, he applied for the Combined Competitive Examination, 2003, in the prescribed and proper proforma, within stipulated time period. An admission card for RAS/rts (Preliminary) Examination, bearing Roll No. 328085 (Annexure 2) was issued to the petitioner. The petitioner appeared in the Examination held on October 12, 2003 and the result was declared on December, 7, 2003, in which, after scaling, the petitioner obtained 276 marks.

(3.) IT is also submitted by the learned counsel for the petitioner that there are certain candidates, whose category has been changed by giving liberal construction to the terms and conditions and by giving them relaxation. The petitioner has given names of the candidates viz. Sarita Buria, Rashmi, Sudha Deval and Rukmani, who applied for changing their gender, which was inadvertently filed by them while filling up the Examination Form; they were permitted by the RPSC, even after the stipulated period of ten days, whereas, in the case of the petitioner, a hostile discrimination has been made by the RPSC, by not permitting him to change his category, though his case is similarly situated to that of the four aforesaid candidates, whose gender has been allowed to be changed by the Commission. According to the learned counsel, the change of gender means the change of category.