Virendra Kumar vs State Of Rajasthan And Ors

Vide interim order dated 04.09.2018, the petitioner was allowed to participate in the category of Male OBC (non-creamy layer) in the recruitment process for the post of Constable (General Duty) pursuant to the advertisement dated 25.05.2018. It is stated at bar that the petitioner has participated as directed by this court but his result has been kept in a sealed cover.

The undisputed facts of the case are that pursuant to the advertisement dated 25.05.2018 for recruitment of Constable (General Duty) issued by the Director General of Police, Rajasthan, the petitioner applied for the post in issue on-line through E-Mitra. It appears that in the on-line application, the petitioner's gender instead of "OBC Male" (as the petitioner is) was shown as "OBC Female". The petitioner's result for the written examination thus having been declared as "OBC female" instead of "OBC male" for reason of an inadvertent mistake while filling up the application form on-line, the petitioner made a representation to the respondents for rectification of his category. It however being of no avail, the petitioner approached this court with the prayer that his category in the process of recruitment for the post of Constable (General Duty) pursuant to the advertisement dated 25.05.2018 be considered as "OBC male" instead of "OBC female". As recorded hereinabove vide interim order dated 04.09.2018 the petition was allowed and has participated in the recruitment of Constable (General Duty) in that category and his result kept in a sealed cover

Mr.H.C. Kandpal, Asst. GC. counsel for the respondent-Police Department engaged in the recruitment exercise for the post of Constable 2018 submitted that the petitioner ought to have been more careful while filling up the on-line application. It was submitted that if rectification in the application forms were to be allowed on the mere askance, the recruitment process could be burdened and even delayed. Further Mr.H.C. Kandpal submitted that there will be no incentive for the applicants to be vigilant while applying for a government job or seeking immediate rectification when an error has been made instead of waiting for late in the recruitment process. However on the merits of the case Mr.H.C. Kandpal cannot deny the fact that the petitioner indeed is "OBC male" not "OBC female".

Having heard the counsel for the parties, I am of the considered view that in the facts of the case, this petition deserves to be allowed in terms of the interim order passed by this court. It is accordingly so.

It is directed that the petitioner's application for being appointed on the post of Constable (General Duty) be treated in the category Male OBC (non-creamy layer) category. The petitioner already having participated in the recruitment process in terms of the interim order of this court, his result now be declared. Consequences to follow.