Whether Candidates Can Change Their Respective Category To A Special Category After The Recruitment Process Is Initiated: Rajasthan HC Larger Bench To Examine

The Rajasthan High Court has referred a question pertaining to changing the respective category to a special category subsequent to the initiation of a recruitment process to a larger bench.

The pertinent question to be adjudicated upon is, whether candidate(s) can be allowed to change their respective category to a special category subsequent to the initiation of a recruitment process on count of subsequent widowhood, or subsequent disability or any misfortune, which can be caused by force majeure at any stage before final merit is declared, if such candidate(s) are otherwise eligible to participate in the recruitment process under the changed category.

Accordingly, a bench of Justice Dr. Pushpendra Singh Bhati and Justice Madan Gopal Vyas further observed, "It is however, made clear that such broad question is framed only with regard to participation of persons in the recruitment process, who fall under the widow and handicapped categories, because such incidents, including the one involved in the present case, is an Act of God, actual prediction or otherwise whereof, by any stretch of imagination, cannot be within the domain of an individual aspirant or an employer/recruiter and the same happened subsequent to the cut off date of recruitment process and before declaration of the final merit list".

Advocate Khet Singh Rajpurohit appeared for the petitioner and Senior Advocate Dr. Sachin Acharya appeared for the respondent. Assisted by Mr. Chayan Bothra

In the present matter, the petitioner, applied for recruitment in the EWS Category for various posts under the Rajasthan High Court and District Courts in 2020. Despite initially applying in the General (Women) Category due to not having an EWS certificate, she later applied as a widow after her husband's demise. The petitioner sought to be considered in the Widow Category, submitting relevant documents to the respondent. However, her request was denied before the Phase-I results were declared, leaving her ineligible in the General (Women) Category but qualified in the General (Widow) Category based on marks obtained.

The petitioner cited Rajasthan & Ors. v. Ms. Jamna Rajpurohit, D.B. Civil Special Appeal (Writ) No.82/2013 highlighting the need for special protection for widows in recruitment processes. On the contrary, the respondents contended that the precedent cited by the petitioner's counsel had been declared per incuriam, implying that it should not be relied upon.

Thus the court had to adjudicate on whether a candidate's category could be changed to a special category like widowhood after the recruitment process began but before its completion. It noted the conflict between precedent judgments and framed a broader question for consideration regarding categorical relaxations for candidates facing unforeseen circumstances. Recognizing its limitations in overturning established precedents, the court decided to refer the matter to the Chief Justice for constitution of a Larger Bench or a Bench of higher quorum.

The court thus referred the case to the Chief Justice for appropriate action regarding the constitution of a Larger Bench or Bench of higher quorum. It emphasized that the selection process would remain subject to the final outcome of the writ petition and the decision of the Larger Bench or Bench of higher quorum.

Appearance:

Petitioner: Advocate Khet Singh Rajpurohit  

Respondent: Senior Advocate Dr. Sachin Acharya assisted by Advocate Chayan Bothra

Cause Title: Sangeeta Joshi v. The Rajasthan High Court At Jodhpur [Neutral Citation: 2024:RJ-JD:9157-DB]

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