[2025:RJ-JP:16960] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14815/2024 Anam Jat Daughter Of Shri Bhanwar Lal Choudhary, Aged About 25 Years, Resident Of Village Bhawanipura, Post Diggi, Tehsil Malpura, District Tonk (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Its Joint Secretary Administration, Medical And Health (Group-3) Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.) 2. Director, State Health And Family Welfare Institution, Jhalana Institutional Area, Jaipur (Raj.) 3. Director (Non Gazzatee), Medical And Health Service, Jaipur (Raj.) ----Respondents For Petitioner(s) : Mr. Bajrang Sepat For Respondent(s) : Mr. Archit Bohra, AGC, Mr. Rahul Verma, Ms. Anjali Sharma, Mr. Prakhar Jain HON'BLE MR. JUSTICE SUDESH BANSAL Order 22/04/2025 1. Instant civil writ petition under Article 226 of Constitution of India has been preferred by the petitioner, seeking direction against respondents to consider her candidature on merit under the category of OBC-NCL for the post of Female Health Worker, pursuant to advertisement dated 19.05.2023. 2. Heard learned counsel for both the parties and perused the respective pleadings and documents appended thereto. 3. It appears that though in the online application form dated 17.06.2023 (Ann.3), petitioner has shown her category as “OBC- NCL” but in support thereof, submitted her caste certificate dated [2025:RJ-JP:16960] (2 of 5) [CW-14815/2024] 30.01.2023 (Ann.6), which depicts the category of petitioner as “OBC-CL”. 4. Thus, on the basis of her caste certificate dated 30.01.2023, submitted by the petitioner along with the application form and during the course of document verification, respondents considered her candidature on merits in the category of OBC-CL and because she fell lower in merit, the respondent did not accord appointment to the petitioner in such category. 5. It appears that after declaration of final selection list dated 04.09.2024 and noticing that petitioner at least stands higher in merit in the category of OBC-NCL, petitioner preferred instant writ petition on 09.09.2024. 6. Before this Court, petitioner has placed on record and relied upon an another caste certificate issued to her dated 18.09.2023, showing her category as “NCL-Non-Creamy Layer”. 7. Dy. Government Counsel appearing on behalf of State submits that the caste certificate of petitioner dated 18.09.2023 is not relevant to the recruitment on the post of Female Health Worker, pursuant to advertisement dated 19.05.2023, because it has been specifically indicated therein that caste certificate, particularly in the class of NCL, should be a year precedent to the current year of vacancies or should be issued during the period i.e. from the date of advertisement of vacancies and last cut off date mentioned therein, which in the present case are 19.05.2023 and 18.06.2023 respectively. 8. Learned Dy. Government Counsel states that the caste certificate dated 18.09.2023 neither pertains to the preceding [2025:RJ-JP:16960] (3 of 5) [CW-14815/2024] financial year from the date of issuance of advertisement dated 19.05.2023 nor has been issued during the period indicated hereinabove. He further submits that this certificate was not at all enclosed with the Online Application Form nor was placed before the respondents at the time of document verification. Hence, claim of petitioner to consider her candidature in the category of OBC- NCL on the basis of such certificate dated 18.09.2023 is without substance. 9. In support of contentions, Dy. Government Counsel has relied upon and referred series of judgments, however following two judgments are material and relevant to the issue involved herein which are; (i) Sonal Tyagi Vs. State of Rajasthan & Ors: D.B. Civil Writ Petition No.7840/2019 decided on 12.07.2019, wherein in case of recruitment on the post of Civil Judge (JD), First Class under the Rajasthan Judicial Services, the claim of petitioner to consider her candidature in OBC-NCL was rejected, since she prayed for change of category after declaration of final selection list. (ii) the judgment of Division Bench passed in Jyoti Beniwal Vs. The Rajasthan High Court, Jodhpur & Anr.: D.B. Civil Writ Petition No.11784/2022 decided on 18.08.2022, wherein the Hon’ble Division Bench considered the validity period of the caste certificate of the petitioner belonging to NCL category and observed as under:- “In the wake of the discussion made hereinabove, we are of the firm view that the petitioner was neither possessed of an OBC-NCL certificate valid within the pe- riod of one year from the last date of submission of the application forms pursuant to the advertisement dated 22.07.2021 nor did she furnish a certificate issued be- tween 31.08.2018 to 30.08.2020 with an affidavit in the [2025:RJ-JP:16960] (4 of 5) [CW-14815/2024] prescribed format. Thus, she cannot be allowed to par- ticipate in the forthcoming interview under the OBC-NCL category. However, for balancing the equities, the peti- tioner is permitted to vie for the post in un-reserved cat- egory and for this purpose, she may participate in the interview. The writ petition is devoid of merit and hence, the same fails and is rejected with the above observa- tions.” 10. In rebuttal, counsel for the petitioner has relied upon the order dated 09.02.2023 passed in S.B. Civil Writ Petition No.1229/2022 titled: Priyanka Choudhary Vs. The State of Rajasthan & ors. wherein this Court clearly observed that the caste certificate of petitioner under OBC-NCL was corrected from Creamy Layer (CL) to Non-Creamy Layer (NCL) and hence, in that factual matrix, petitioner was allowed to be considered under OBC-NCL category. 11. Learned counsel for the petitioner has relied upon another order of Coordinate Bench of Principal Seat at Jodhpur dated 15.01.2025 passed in S.B. Civil Writ Petition No.516/2025 titled: Anita Devi Vs. State of Rajasthan & Ors., wherein in terms of the Circular dated 17.10.2022 and on the basis of affidavit to consider the candidature of petitioner under EWS Category was taken into consideration. In the facts of present case, the petitioner has submitted and relied upon the caste certificate dated 30.01.2023 wherein her category has been indicated as OBC-CL, hence even if the petitioner has filed her affidavit to consider her candidature in OBC-NCL category, same looses its significance in context of the caste certificate dated 30.01.2023 already, placed by the petitioner before the respondents. [2025:RJ-JP:16960] (5 of 5) [CW-14815/2024] 12. After giving thoughtful consideration to the case of petitioner and having been enlightened with the ratio decidendi expounded by the Division Bench in the above referred two judgments coupled with the factual matrix of case in hand, as referred hereinabove, this Court is of considered opinion that on the basis of post dated caste certificate i.e. 18.09.2023, the claim of petitioner, to consider her candidature under the category of OBC- NCL, that too after declaration of final selection list dated 04.09.2024, is not acceptable. 13. It has already been observed that the petitioner submitted and relied upon the caste certificate dated 30.01.2023, wherein her category has been indicated as OBC-CL and indisputably, the candidature of petitioner under the category of OBC-CL has been considered on merits by the respondents, but since petitioner felled lower in merit, was not shortlisted in the final selection list dated 04.09.2024. 14. As a final outcome, the writ petition is hereby dismissed. 15. Stay application and any other pending application, if any, also stand disposed of. (SUDESH BANSAL),J TN/42