Kavita Mechu Daughter Of Shri Inder Singh vs State Of Rajasthan And Ors

The case of the petitioner is that she applied for the post of Constable in District Ajmer pursuant to the advertisement dated 25.05.2018 and having been admitted wrote the requisite written examination under Rajasthan Police Subordinate Service Rules, 1989 (hereinafter 'the Rules of 1989') and passed it. It has been submitted that as the applications pursuant to the advertisement dated 25.05.2018 were only to be made on-line, the petitioner availed of the services of an E-Kiosk for filling up and submitting the application form. And in the process it appears that the petitioner was wrongly indicated in the application form as male for reasons of an obviously inadvertent error by the person manning E-Kiosk. Resultantly, despite having passed the written examination, the petitioner was not allowed to participate in the Physical Standard Test (PST) and Physical Efficiency Test (PET) held at Ajmer. The petitioner has therefore approached this court against her arbitrary and mechanical exclusion from the selection process for the post of Constable (General Duty) District Ajmer.

Mr.Rajendra Singh appearing for the petitioner submitted that the petitioner is a female is not and cannot be in dispute. A mere error in filling up the on-line applications form where her sex has been indicated as male could not be held to be fatal and destruction of her merit in the written examination and right to be further complicate for appointment as Constable. The respondents however despite the petitioner's representation did not allow her to participate in the PST/PET on a very mechanical view. That has entailed her arbitrary exclusion from being considered for appointment as Constable in District Ajmer. Counsel for the petitioner has relied upon the judgment of this court in the case of Asha Bai Meena Versus State of Rajasthan & Others, SBCWP No.20431/2018 decided on 22.10.2018. Therein the court had allowed the petition in view of the case of Kavita Choudhary Versus The Registrar (Examination), Rajasthan High Court, Jodhpur, D.B. Civil Special Appeal (Writ) No.1700/2017 decided on 01.11.2017 and directed that the category of Asha Bai Meena be changed from male to female as was inadvertently indicated in her on-line application form.

Mr.H.C. Kandpal appearing for the respondent submitted that he was required to take instructions as to why the petitioner should not be allowed to change her category from OBC male inadvertently indicated on her on-line application form to OBC female as there can be no dispute that the petitioner is a female. On instructions, Mr.H.C. Kandpal submitted that in view of the judgment of this court in the case of Kavita Choudhary Versus The Registrar (Examination) (supra) and Asha Bai Meena Versus State of Rajasthan & Others (supra), the petitioner will be considered in the category of OBC female and will be allowed to participate in the next PST/PET conducted in the course of evaluation of candidates for appointment as Constable (General Duty) in District Ajmer. He submitted that the petitioner's admit card for participation in the PST/PET will be uploaded well before the date of her PST/PET and the petitioner be also informed of the relevant date by way of text message on her mobile phone as has been indicated in her application form.

In view of the submissions of Mr.H.C. Kandpal, this petition is accordingly disposed of.