Jeevan Sain vs State Of Rajasthan And Ors

This writ petition has been filed by the petitioner seeking a direction to the respondents to give appointment to the petitioner on the post of L.D.C. pursuant to the advertisement dated 12.02.2013 with all consequential benefits. Further prayer has been made that the respondents be directed to correct category column of petitioner by treating him as OBC instead of SC for the purpose of said recruitment.

It is, inter alia, indicated that pursuant to the advertisement dated 12.02.2013 (Annexure-4) the petitioner applied for the post of L.D.C., however, it is claimed that on account of the mistake committed by E-mitra Franchise his category was indicated as SC though he belonged to OBC category.

Pursuant to the advertisement, the result of the recruitment was declared on 20th June, 2013, wherein, the cut off for SC was 65.862 and for OBC the same was 68.338. It is claimed that as the petitioner did not fill up the correct category, he did not, pursuant to the cut off indicated for SC, persued the matter with the respondents.

Further submissions have been made that on 26.05.2017 the respondents issued a Circular providing an opportunity to the candidates to make corrections in the application forms and, therefore, now the petitioner may also be permitted to make corrections.

A perusal of the record indicates that the recruitment was initiated in the year 2013, the petitioner committed the mistake in the year 2013 itself and apparently came to know of the mistake in 2013 thereafter the Circular dated 26.05.2017 was issued by the respondents permitting corrections in the application forms, however, the petitioner did not take any steps. Nothing has been indicated in the writ petition as to what prevented the petitioner from taking steps for correction of the mistake committed by him in the year 2013 and to do the needful after the Circular dated 26.05.2017 was issued.

Filing of the petition after more than one and a half years from the date the Circular has been issued and after six years from the date the application was filled in by the petitioner cannot be countenanced.

The writ petition suffers from gross unexplained delay and, as such, the same deserves to be dismissed and consequently the same is dismissed.