Amit Kumar vs State Of Rajasthan And Ors. … on 5 March, 2025

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Rajasthan High Court – Jodhpur

Amit Kumar vs State Of Rajasthan And Ors. … on 5 March, 2025

[2025:RJ-JD:13171]

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                            JODHPUR
             S.B. Civil Writ Petition No. 15333/2017
 Amit Kumar S/o Shri Amar Singh, R/o Vpo Nagrana, Tehsil
 Sangariya, District Hanumangarh Raj..
                                                     ----Petitioner
                              Versus
 1.    State Of Rajasthan Through The Principal Secretary,
       Medical And Health Services Group-Iii, Government Of
       Rajasthan, Secretariat, Jaipur.
 2.    The Mission Director Nhm, Directorate Of Medical Health
       And Family Welfare Services, Swasthya Bhawan, C-
       Scheme, Tilak Marg, Jaipur.
 3.    The Project Director Nhm, Directorate Of Medical Health
       And Family Welfare Services, Swasthya Bhawan, Tilak
       Marg, C-Scheme, Jaipur.
                                                 ----Respondents


For Petitioner(s)         :     Mr. Vivek Firoda
For Respondent(s)         :     Mr. Vivek Sharma for
                                Mr. Mukesh Dave - Dy. GC


         HON'BLE MR. JUSTICE ARUN MONGA

Order (Oral)
05/03/2025

1. Petitioner herein, inter alia, seeks quashing of impugned

selection list dated 16.11.2017 (Annexure-10) to the extent of not

including his name and further seeks issuance of an appropriate

writ, order and/or direction commanding the respondents to

consider his candidature for appointment on the post of PHC Asha

Supervisor pursuant to the advertisement dated 13.06.2016.

2. Briefly speaking, the facts pleaded in the petition are that

pursuant to the advertisement dated 13.04.2016 issued by the

Project Director (NHM), the petitioner, being eligible, applied for

the post of PHC Asha Supervisor. The petitioner participated in the

written examination held on 16.10.2016. Thereafter, the result of

all the candidates was declared and scored 51 marks.

Subsequently, the respondent No.3 issued a provisional list of

selected candidates category-wise on 23.08.2017 and sought

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[2025:RJ-JD:13171] (2 of 2) [CW-15333/2017]

objections from the candidates on or before 01.09.2017. In the

said provisional list candidates with lower merit than the petitioner

were included.

2.1. The petitioner claiming himself to be the OBC candidate

submitted his objection by filing an application before Respondent

No. 2 on 28.08.2017, but to no avail. Hence, this petition.

3. In the aforesaid backdrop, I have heard learned counsel for

the parties and perused the case file.

4. Neither in the writ petition nor even otherwise in the course

of hearing any document has been appended to reflect as to how

the petitioner is claiming himself to be a OBC candidate. Not only

that, the said OBC certificate had to be appended with the

application form and, in the worst case, at the time of document

verification. In absence of any OBC certificate of the petitioner,

the respondents seem to have treated him as general candidate

and viewed from that angle he has since secured lesser marks

than the last selected candidate in the general category, no

indulgence is warranted.

5. Dismissed accordingly.

6. Pending application, if any, stand disposed of.

(ARUN MONGA),J
57-AK Chouhan/-

(Downloaded on 04/04/2025 at 10:38:36 PM)

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