JYOTI CHAUHAN Vs. R.P.S.C.

JUDGEMENT

(1.) By this writ petition the petitioner is seeking an appropriate writ, order or direction to the Rajasthan Public Service Commission (in short 'the Commission') to declare result of the petitioner as OBC candidate (general/woman) and further direct the Commission to recommend her name to the Government if name of person lower in merit in OBC category (general/woman) has been recommended to the Government.

(2.) Briefly stated facts of the case are that the petitioner is an OBC candidate and in pursuance to the advertisement issued by the Commission on 18-8-2004 for the post of School Lecturer in various subjects including Hindi, the petitioner submitted an application for the post of School Lecturer in Hindi. In all, 309 posts were advertised for the post of Lecturers out of which 45 posts were reserved for OBC (general) and 19 posts were reserved for OBC (women).

(3.) As regards the petitioner's qualification and her category of OBC are concerned, there is no dispute but the dispute is whether production of non-creamy layer certificate of OBC based on the income of her husband issued by the Competent Authority and further failure on the part of the petitioner to produce non creamy layer OBC certificate of her parents up to 8-11-2006 i.e. the date of interview will render her ineligible for consideration of her candidature in OBC (women) category. Another dispute is whether her candidature was rightly considered as general candidate after taking application from her for the same which has resulted in denial of appointment in OBC category.