[2025:RJ-JP:33387] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13532/2018 Mahesh Kumar Swami Son Of Shri Mool Chand Swami, Aged About 32 Years, Resident Of Village And Post Islampur, Tehsil Jhunjhunnu, District Jhunjhunnu (Rajasthan) ----Petitioner Versus 1. State Of Rajasthan Through The Principal Secretary, Administrative Reforms Department, Government Of Rajasthan, Secretariat, Jaipur 2. Rajasthan Public Service Commission Through Its Secretary, Ajmer (Raj.) ----Respondents For Petitioner(s) : Ms. Pragya Seth for Mr. Mahendra Shah For Respondent(s) : Mr. M.F. Baig HON'BLE MR. JUSTICE MANEESH SHARMA Order 22/08/2025 1. Matter has come up on an application (I.A. No.10135/2019) filed for vacation of ex-parte stay order dated 04.07.2018. 2. However, with the consent of the counsels for both parties, the matter was finally heard. 3. Present writ petition has been filed by the petitioner impugning the rejection order dated 31.05.2017 and the fresh waiting list on the ground that the petitioner is entitled to be considered under the 'OBC-NCL' category as he has submitted the application for change of category before the final declaration of result. Therefore, prayed for the following reliefs: [2025:RJ-JP:33387] (2 of 4) [CW-13532/2018] "(i) Issue an appropriate writ, order or direction, declaring the impugned rejection order dated 31.05.2017 and impugned fresh waiting list result dated 07.07.2017 to be illegal, arbitrary and the same be kindly quashed and set aside. (ii) By an appropriate writ, order or direction and in the nature thereof, the respondents may kindly be directed to - (a) change the category of the petitioner from OBC Creamy Layer to OBC Non Creamy Layer for selection on the post of Clerk Grade-II in pursuance to advertisement dated 26.07.2013. (b) consider the candidature of the humble petitioner under OBC Non Creamy Layer category and to give appointment on the post of Clerk Grade-II on operation of the waiting list, with all consequential benefits." 4. Learned counsel for the petitioner submits that since the petitioner has submitted his application for change of category from 'OBC-CL' to 'OBC-NCL' before the final declaration of result. Therefore, the rejection of the candidature of the petitioner vide Annexure-6 dated 31.05.2017 is arbitrary and illegal and the same may kindly be quashed and set aside. 5. Per contra, learned counsel for the respondents submits that the rejection of the candidature vide order dated 31.05.2017 is perfectly in accordance with law as the last date to file the application for change of category was up to the declaration of result of first phase examination i.e. 23.10.2016. He further submits that the selection process is already completed. Therefore, the petitioner is not entitled to claim the relief prayed in the writ petition. To fortify the aforesaid contention, reliance [2025:RJ-JP:33387] (3 of 4) [CW-13532/2018] was placed on the judgment rendered by the Division Bench of this Court in the matter of Rajasthan Public Service Commission vs. Yogita Yaduvanshi passed in D.B.Civil Special Appeal (Writ) No.804/2020 decided on 19.03.2021. 6. Heard and considered the submissions made at bar and perused the material available on record as well as the order passed by the Co-ordinate Bench of this Court in the case of RPSC v. Yogita Yaduvanshi (supra). 7. Admittedly, in the present case, initially the petitioner under the impugned advertisement dated 26.07.2013 applied in the category of 'OBC-CL' and the first phase examination was held on 23.10.2016 and the result of first phase examination was declared on 16.01.2017, whereas the petitioner has filed the application for change of category on 02.03.2017, therefore, in terms of resolution passed in Full Commission Report dated 17.05.2015 (Annexure-R/1) which mandates that necessary change in the application and category ought to have been filed up to first phase examination i.e. 23.10.2016 and subsequent to that date, the petitioner is not entitled to seek any change in the category. Even otherwise, from the facts of the case, it is evident that the petitioner has filed application for change in category from 'OBC- CL' to 'OBC-NCL' on 02.03.2017 much after the first phase examination i.e. 23.10.2016 as well as the declaration of the result of first phase examination on 16.01.2017, therefore, it cannot be said that the rejection of the candidature of the petitioner vide Annexure-6 is arbitrary, perverse or suffers from any legal infirmity. The above view is fortified by the judgment in [2025:RJ-JP:33387] (4 of 4) [CW-13532/2018] the matter of RPSC v. Yogita Yaduvanshi (supra) dated 19.03.2021. 8. Apart from the above, as stated by the learned counsel for the respondents, the entire process is already completed. Thus, looking to the gross delay on the part of the petitioner in filing the application for a change of category, he is not entitled to seek the relief prayed in the writ petition. 9. In that view of the matter, the present writ petition is being devoid of any merits and the same is hereby dismissed. 10. Any other pending application(s), if any, stand disposed of. (MANEESH SHARMA),J SOURAV /103