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Judgment
This appeal is preferred to question correctness of the order
dated 20.09.2016 passed by learned Single Bench in S.B. Civil
Writ Petition No.5301/2016.
In brief, facts of the case are that the respondent-Rajasthan
Public Service Commission initiated a process of recruitment for
the post of Motor Vehicle Sub-Inspector under an advertisement
dated 06.08.2013. The appellant-petitioners, considering
themselves to be a member of Other Backward Class (OBC)
submitted application forms with a claim for their consideration as
persons belonging to OBC, but that was denied in view of the
judgment given by a Division Bench of this Court in D.B. Civil
Special Appeal (W) No.340/2016. In the case aforesaid it was held
that the persons belonging to Jat Community hailing from District
Bharatpur and Dholpur cannot be treated as members of OBC.
To challenge the decision of the respondents relating to the
exclusion of the appellant-petitioners from consideration as the
persons belonging to OBC, a petition for writ was filed that came
to be dismissed under the judgment impugned. The claim of the
appellant-petitioners, before learned Single Bench, was that the
judgment of the Division Bench came subsequent to the initiation
of the process of consideration therefore that could not have been
applied to petitioners. It was also stated that even the Division
Bench under the judgment dated 02.06.2006, protected the rights
of the persons who were already considered as a member of OBC
those belonging to the Districts of Bharatpur and Dholpur. Before
us the same arguments are retreated.
We do not find any merit with the same. It is not in dispute
that the appellant-petitioners are residents of either the District of
Bharatpur or of Dholpur and as such they are not entitled to be
considered as a persons belonging to OBC.
So far as their consideration before 02.06.2016 is concerned,
it is suffice to mention that till then the process of selection in
question was in currency and the consideration was partial. In the
case that came to be decided on 02.06.2016, a Division Bench of
this Court, protected candidature of the persons who have already
availed the benefits of reservation and that is not the position in
the instant matter. In view of it, we do not find any merit in the
arguments advanced. In view of it, this appeal deserves dismissal.
Accordingly, the same is dismissed.
At this stage, learned counsel appearing on behalf of
appellant submits that in the writ petition the petitioner also
contended that this case should have been considered in General
Category and necessary recommendations should have been made
by the Commission within a period of one year from the date of
completion of the process of selection but that argument has not
been considered by learned Single Bench. If that is so, it is open
for the appellant-petitioner to prefer an application to review the
order passed by learned Single Bench.