[2025:RJ-JP:17194] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10466/2024 Mohit Kumar Kumawat S/o Prahalad Kumawat, Aged About 24 Years, R/o Ward No. 06, Khoraniya Ki Dhani, Danta Tehsil Dantaramgarh District Sikar Rajasthan ----Petitioner Versus 1. State Of Rajasthan, Through, Principal Secretary, Department Of Medical And Health, Secretariat, Jaipur. 2. Director, State Health And Family Welfare Institution, Jaipur. ----Respondents Connected With S.B. Civil Writ Petition No. 10333/2024 Rupesh Nagar S/o Shri Rajesh Kumar Nagar, Aged About 24 Years, R/o Ward No.2, Dhakdo Ka Mohalla, Karwar, Tehsil Nainwa, District Bundi ----Petitioner Versus 1. State Of Rajasthan, Through, Principal Secretary, Department Of Medical And Health, Secretariat, Jaipur 2. Director, State Health And Family Welfare Institution, Jaipur ----Respondents For Petitioner(s) : Mr. Raghu Nandan Sharma, Mr. Nikhil Kumawat For Respondent(s) : Mr. Archit Bohra, AGC, Ms. Anjali Sharma Mr. Rahul Verma & Mr. Prakhar Jain HON'BLE MR. JUSTICE SUDESH BANSAL Order 23/04/2025 1. Although writ petitions were listed in the “Orders” category, however, with the consent of counsel for both parties and considering the fact that the issue involved in both writ petitions is identical in nature, both writ petitions have been heard together, [2025:RJ-JP:17194] (2 of 4) [CW-10466/2024] finally at this stage on merits and would stand decided by this common Order. 2. The precise issue, which has been culled out after hearing the respective counsel for both parties and from perusal of pleadings & documents appended thereto, is that the candidature of petitioners for appointment on the post of Assistant Radiographer, pursuant to the Recruitment-2023 under the Advertisement dated 31.05.2023, in the category of OBC-NCL, has not been considered in the light of their caste certificates dated 03.10.2023. 3. Indisputably, petitioners applied for the post in question in the category of OBC-NCL, but enclosed their caste certificates of OBC-CL and the same were shown at the time of document verification i.e. 22.08.2023 to 23.08.2023, however, noticing the mismatch of caste certificates with the category of petitioners, under which they have applied, respondents shortlisted the petitioners in the provisional list dated 01.10.2023, subject to submission of OBC-NCL certificate. 4. This is further undisputed that thereafter, petitioners submitted their caste certificates of OBC-NCL on 04.10.2023 & 05.10.2023 respectively, in furtherance to the grievance inviting notice dated 01.10.2023 and a Committee, constituted to consider the grievances of candidates, while dealing with the grievance of petitioners, did not record any observation on the caste certificates dated 03.10.2023 submitted by petitioners, rather rejected their grievances on some alien reasons, vide its conclusion dated 01.05.2024 (Annx.7). The conclusion dated [2025:RJ-JP:17194] (3 of 4) [CW-10466/2024] 01.05.2024 has been passed by the Committee, in pursuance of the meeting held on 14.03.2024 and 24.04.2024. The conclusion dated 01.05.2024, passed in respect of both the petitioners, is substantially similar, except the dates of OBC-CL certificates of petitioners. For ready reference, relevant portion of the observation/ finding opined by the Committee in the conclusion, in respect of petitioner- Mohit Kumar Kumawat, is being reproduced hereunder:- ifjosnuk lfefr ds }kjk fy, x, fu.kZ; ds vuqlkj vH;FkhZ }kjk vkosnu ds le; 20-03-2023 dk tkjh vkschlh fØehys;j oxZ dk izek.k i= vkosnu ds lkFk layXu fd;k x;k vkSj nLrkost lr;kiu ds nkSjku Hkh vH;FkhZ }kjk fnukad 20-03-2023 dks tkjh vkschlh fØehys;j oxZ dk izek.k i= gh iqu% izLrqr fd;k x;k tks fd vkosnu ls iwoZ gh tkjh gks pqdk Fkk bl ckr dks fl) djrk gS fd vH;FkhZ vkosnu ds le; vkschlh ukWufØehys;j Js.kh dk lnL; ugha Fkk vkSj mlus tkucw>dj lkekU;@vkschlh lh,y Js.kh dh txg vkschlh ,ulh,y Js.kh dk vkosnu fd;k ,oa 'kqYd jk'kh Hkh Lo;a dh Js.kh dh ugha tek djk;hA vr% vH;FkhZ dh ik=rk gh fujLr dh tkuh pkfg;saA dkfeZd foHkkx ds ifji= fnukad 17-10-2022 ds Øe esa vH;FkhZ dh ifjosnuk Lohdkj ;ksX; ugha gSA 5. Learned Additional Government Counsel, appearing on behalf of respondents, is fair enough to admit the fault on the part of the Committee, in not addressing the caste certificates of petitioners dated 03.10.2023, while dealing with the grievances of petitioners, in the conclusion dated 01.05.2024. 6. For the aforesaid reasons, the rejection of candidature of petitioners by the Rederessal Grievance Committee, cannot be countenanced and same is hereby quashed and set aside. 7. On the prayer of Additional Government Counsel, appearing for respondents, case of petitioners is remanded to be reconsidered by the Joint Director, Department of Medical & Health, Nodal Officer Recruitment-2023, to consider the caste certificates of petitioners dated 03.10.2023 in the light of opportunity given to petitioners to submit OBC-NCL certificates, [2025:RJ-JP:17194] (4 of 4) [CW-10466/2024] which reflects from provisional selection list dated 01.10.2023 and grievance inviting notice dated 01.10.2023 and to re-assess their merit for appointment on the post of Assistant Radiographer in the category of “OBC-NCL”, pursuant to the Recruitment-2023. 8. 8. Both the petitioners are directed to appear before the Joint Director, Department of Medical & Health, Nodal Officer Recruitment-2023 on 30.04.2025, who may fix any date for hearing and to pass an order afresh, in compliance of the present Order. 9. It is expected from the concerned Authority to do the needful within a period of four weeks, after according due opportunity of hearing to the petitioners. 10. With the aforesaid, present writ petitions are hereby disposed of. 11. Stay applications and pending application(s), if any, stand disposed of. (SUDESH BANSAL),J Sachin/66-67