[2026:RJ-JP:14486] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7522/2019 Govind Kumawat S/o Sh. Sundaram Kumawat, Aged About 23 Years, R/o C/o Additional Beeo Panchayat Samiti, Govindgarh, Tehsil- Chomu, Jaipur. Rajasthan ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Personnel Government Secretariat, Jaipur 2. Rajasthan Public Service Commission, Through Chairman, Jaipur Road, Ghooghara Ghati, Ajmer, Rajasthan ----Respondents For Petitioner(s) : Mr. Ajatshatru Mina with Mr. Himanshu Kala, Mr. Movil Jeenwal and Mr. Nrip Raj Singh For Respondent(s) : Mr. M.F. Baig HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 16/01/2026 1. Instant writ petition is filed with following prayer:- 1. To allow the instant writ petition and quash and set aside the order dated 27.03.2019 (Annexure No.P/1); 2. To revise the select list dated 19.03.2019 whereby the candidature of the petitioner has been rejected by the respondents and candidates lower in merit have been called for appointment by the respondent (Annexure No.P/9); 3. To direct the respondents to consider the candidature of the petitioner under the general category and call him for appointment on the basis of his merit. [2026:RJ-JP:14486] (2 of 4) [CW-7522/2019] 4. To direct the respondents to place the petitioner over and above the less meritorious candidates; 2. Learned counsel for the petitioner submitted that the petitioner has filed an application in the recruitment process initiated by RPSC for the post of Clerk Grade-II in the category of Other Backward Class (Non-Creamy Layer). He further submitted that the petitioner has appeared in the examination and secured 184.89 marks, and provisionally declared successful. He also submitted that the petitioner's inability to produce the OBC (Non- Creamy Layer) certificate has resulted in the rejection of his candidature. He further submitted that the last cutoff for the General category was 180.35, and RPSC was duty-bound to consider the case of the present petitioner in the category as General candidate, as the petitioner has secured more marks than the last cutoff in General Category. 3. Learned counsel for the petitioner has placed reliance upon the judgment in the case of Saurav Yadav and Ors. Vs. State of Uttar Pradesh and Ors. reported as MANU/SC/0960/2020 and Union of India vs. Ramesh Ram and others reported as MANU/SC/0343/2010, and submitted that the petitioner is entitled for the General Unreserved category, but still he has not been called for appointment. 4. Aforesaid contentions were opposed by learned counsels appearing on behalf of respondent No. 2, RPSC, and submitted that the petitioner has applied in the OBC (Non-Creamy Layer) category but failed to submit the requisite certificate for OBC (NCL), so his candidature was cancelled. He also submitted that [2026:RJ-JP:14486] (3 of 4) [CW-7522/2019] the cutoff for General Category at relevant time was 194.38; therefore, the name of petitioner was not considered. 5. Heard learned counsel for the parties and perused the material placed on record. Also considered the written submissions submitted by the petitioner along with the judgments as referred by learned counsel for the petitioner. 6. Admittedly, the petitioner has applied for the post of Clerk Grade-II pursuant to advertisement number 03/2013-14 dated 26.07.2013 and further corrigendum dated 04.07.2017. As per the result dated 13.07.2018 (Annexure P/7), cutoff marks for Subordinate Offices in the General category was 194.38, whereas for OBC (NCL) it was 184.63. The petitioner has secured 184.89 marks and he was declared successful in the OBC (NCL) category. The petitioner has failed to submit requisite certificate of OBC (NCL) within the prescribed time, hence his candidature was rejected vide letter dated 27.03.2019 (Annexure P/1). A reserved list was published on 16.07.2018 (Annexure P/8), which indicates that cutoff marks in the General category was 180.35. 7. In the case of Saurabh Yadav (supra) and Union of India vs. Ramesh Ram (supra), it was held that a migration is permissible, and the petitioner is accordingly entitled to be considered in the General category, as he is having higher marks than the last cutoff (reserve list) in the General Category. The reply of the RPSC also indicates that persons getting lower marks than the petitioner were appointed by the respondents. Thus, the writ petition is liable to be allowed. 8. In view of the discussion made hereinabove, the letter/order dated 23.09.2019 (Annexure P/1) is hereby quashed and set [2026:RJ-JP:14486] (4 of 4) [CW-7522/2019] aside, and respondent No. 2 is directed to reconsider the candidature of the petitioner in the General category, as the last cutoff for the General category is 180.35. If the petitioner is otherwise eligible, then recommend his appointment with the consequential benefit of seniority just above the person securing lesser marks than the petitioner. 9. With aforesaid, the writ petition is hereby allowed. 10. Misc. application, if any, stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /79