RASHMI INDORA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The prayer in the present writ petition is to consider the petitioner under O.B.C. Women category instead of General/O.B.C. (Creamy Layer) category for appointment to the post of Prosecution Officer with all consequential benefits.

(2.) The facts in short are that 284 vacancies of the Prosecution Officer Cadre for the Rajasthan Prosecution Subordinate Service were advertised on 15.05.2015 and 15.07.2015. The Rajasthan Prosecution Subordinate Service Rules, 1978 are applicable to the petitioner. The petitioner filled up online application form and while operating the option in terms of category concerned, she exercised the option General/O.B.C. (Creamy Layer) instead of selecting the option of O.B.C. Women category.

(3.) While praying for change of the category, learned counsel for the petitioner submitted that the same was on account of bona fide error. She came to know about the mistake when the result of the preliminary examination was announced on 22.12.2015. She had more marks than the cut off marks under the O.B.C. Women category and her marks were lower than the cut off marks of General/O.B.C. (Creamy Layer) category. It is further stated that the selection process in pursuance to the recruitment in question is still incomplete and the interview is yet to be held and only documents verification has been done in that respect. It is further stated that only 12 days were given before the preliminary examination vide Press Note dated 06.10.2015 to carry out the corrections and rectify the errors, if any, in the application form. It is further stated that the petitioner had admittedly appeared in person on 05.01.2016 i.e. prior to the scheduled date for verification of the documents on 07.01.2016 and also filed the representation along with her O.B.C. certificate. But no decision has been taken on her representation till date.