[2026:RJ-JP:4162] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 403/2021 Rekha Prajapat Daughter Of Shri Kailash Chandra Wife Of Shri Dhanwantri Prajapat, Aged About 37 Years, Resident Of 2-C-10, Housing Board Colony, Jhalawar (Rajasthan) ----Petitioner Versus 1. State Of Rajasthan, Through The Principal Secretary, Department Of Education, Government Of Rajasthan, Secretariat, Jaipur (Rajasthan) 2. Director, Elementary Education And Panchayati Raj, (Elementary Education), Rajasthan, Bikaner. ----Respondents For Petitioner(s) : Mr. Mahendra Sharma Mr. Mahesh Chand Gauttam For Respondent(s) : Mr. Gopal Krishan Sharma, AGC with Mr. Saumil Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 29/01/2026 1. Instant writ petition is filed with following prayer: “1. Impugned action/inaction on the part of the respondents be quashed and set aside. 2. Consider candidature of petitioner as General category instead of OBC candidate and name of petitioner be included in select list and petitioner be called for verification of documents and issue appointment order in favour of petitioner.” 2. The only contention raised by learned counsel for respondent is that petitioner was disqualified as the petitioner has filed certificate of OBC obtained from Rajasthan but actually she belongs to Madhya Pradesh. He also submits that petitioner [2026:RJ-JP:4162] (2 of 3) [CW-403/2021] is entitled to be considered in open category, if not considered as OBC. 3. During course of argument, learned counsel for respondents admits fact that after reshuffling of the result, persons securing lesser marks than petitioner were given appointment in General Category. He also admitted that the case of petitioner was not considered as her candidature was already in rejection list due to OBC certificate. 4. The controversy in the instant case is that whether the petitioner is entitled for consideration in the General Category for appointment on post of Teacher Grade-III Level-1 (Non-TSP areas). 5. Admittedly the petitioner has not availed any of the relaxation under the OBC category and after rejection of certificate to claim OBC, she naturally fall in the General Category. 6. Considering the ratio laid down in case of Jitendra Kumar Singh and Anr. Vs. State of UP and others reported as (2010) 3 SCC 119 and further in case of Union of India and Ors. Vs. Sanjeev Roy reported as 2025 INSC 1084, the petitioner is entitled to be considered in open category for appointment on the post of Teacher Grade-III Level-1 (Non-TSP areas), if petitioner has secured higher marks than the last cut off after the final result. The petitioner if otherwise eligible then she is entitled to be considered for appointment on post of Teacher Grade-III Level-1 (Non-TSP areas). [2026:RJ-JP:4162] (3 of 3) [CW-403/2021] 7. In view of discussion made hereinabove, the writ petition is allowed and the respondents are directed to consider candidature of present petitioner in open/General Category if candidate securing lesser marks than the petitioner were considered and given appointment on post of Teacher Grade- III Level-1 (Non-TSP areas). 8. In case, the appointment is granted to the petitioner, then she is also entitled for all notional benefits and seniority etc. in parity with her junior person in the merit. 9. Accordingly, the writ petitioner and misc. application, if any, stands disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /21