1. Endeavour of the petitioner in this writ petition is that his candidature for the post of Constable should be considered under SC (BPL) category instead of applied for SC (unreserved) category.
2. Facts
2(i) On 10.09.2021, a recruitment notice was published by the respondents regarding filling up of 1334 posts of Constables. Out of these, 89 posts were meant for District Hamirpur. Cut off date for submitting the applications was 31.10.2021. The recruitment notice also mentioned that all relevant certificates on which the candidate wished to place reliance should be valid as on 31.10.2021. It was also provided therein that the category and other details filled by the candidate in the application form will be taken as final and will not be reconsidered or changed during further recruitment process.
2(ii) The petitioner applied for the posts meant for scheduled caste (un-reserved) [SC (UR)] category. The selection process went ahead. Physical test of the applicants was conducted on 25.02.2022. Petitioner qualified the test. Written test was held on 27.03.2022. The petitioner qualified the written test. On 20.04.2022 vide Annexure P-5 the petitioner wrote a letter to the Head of the selection committee that he had received certificate of his belonging to Below Poverty Line (BPL) i.e. SC (BPL), hence his candidature should henceforth be considered under SC (BPL) category instead of SC (UR) category in which he had applied.
2(iii) The written test conducted by the respondents on 27.03.2022 was scraped on account of paper leakage. This test was re-held on 03.07.2022. Petitioner again appeared in the written test and qualified the same. The selection process was taken to its logical conclusion by the respondents. Result was declared on 10.07.2022. Respondent No. 4 alongwith one another were statedly selected as Constable under SC (BPL) category.
2(iv) The petitioner’s grievance is that he had secured more marks than respondent No. 4 who has been selected under SC (BPL) category for the post of Constable. The petitioner has filed instant writ petition seeking change of his applied for category from SC (UR) to SC (BPL). The substantive relief prayed for by him runs as under :-
“(i) That appropriate writ, order or direction may very kindly be issued directing the respondents to consider the petitioner under SC (BPL) Category, as he belongs to the same and was having the said eligibility before the last date of submission of the applications, with further direction to the respondents to offer the appointment to the petitioner under the said category being the more meritorious one than the one selected in the interest of law and justice.”
3. Having heard leaned senior counsel for the petitioner, we are not inclined to accede to the petitioner’s prayer for the reasons recorded hereinafter.
4. Observations
4(i) Admittedly, the petitioner had applied for the post meant for SC (unreserved) category and not for the posts meant for SC (BPL) category. The Hon’ble apex Court in 2019 (11) Scale 557, (Rajasthan High Court, Jodhpur and anr. Vs. Reetu Harsh and anr.), reiterated the principles laid down in J. & K. Public Service Commission Vs. Issar Ahmed (2005) 12 SCC 498 that category once applied for cannot be permitted to be changed. Relevant paragraph from the judgment reads as under :-
“15. That apart, though it is contended by the private respondent that it was a mistake in indicating “No” against the Column 3.1 – ‘Person with Disability’, what is necessary to be taken note is that against Column 2.4 – ‘Category’, it has been stated as “General”. That apart the examination fee fixed for General candidates is Rs.250/ while for the eligible disabled applicant it is fixed at Rs.50/. The private respondent in addition to indicating her category as ‘General’ has paid the fee of Rs.250/ as applicable. Further, though the disability certificate dated 05.07.2010 is presently relied upon, there is no material to indicate that the same was enclosed along with the application or produced till the completion of interview. On this aspect, to contend that the private respondent cannot make a contrary claim, the learned senior counsel for the appellants herein has relied on the decision in the case of J&K Public Service Commission vs. Israr Ahmad (2005) 12 SCC 498 wherein it is held in para 5 as hereunder:
5. We have considered the rival contentions advanced by both the parties. The contention of the first respondent cannot be accepted as he has not applied for selection as a candidate entitled to get reservation. He did not produce any certificate along with his application. The fact that he has not availed of the benefit for the preliminary examination itself is sufficient to treat him as a candidate not entitled to get reservation. He passed the preliminary examination as a general candidate and at the subsequent stage of the main examination he cannot avail of reservation on the ground that he was successful in getting the required certificate only at a later stage. The nature and status of the candidate who was applying for the selection could only be treated alike and once a candidate has chosen to opt for the category to which he is entitled, he cannot later change the status and make fresh claim. The Division Bench was not correct in holding that as a candidate he had also had the qualification and the production of the certificate at a later tage would make him entitled to seek reservation. Therefore, we set aside the judgment of the Division Bench and allow the appeal. No costs.”
4(ii) Entertaining the claim of the petitioner at this stage of selection process, for changing the category under which he applied for the posts, will open flood-gate to all those who have applied under one particular category and are now desirous to seek change in their applied for category. Such a situation can never be permitted as otherwise there will be no certainty to the particulars mentioned in the application form. Selection process in such eventuality could never be finalized.
4(iii) Admittedly, para 4(a) of the recruitment notice (Annexure P-1) clearly stipulates that the category and other details filled by the candidate in application form will be taken as final and will not be re-considered or changed during further recruitment process. The petitioner was aware of the conditions of the recruitment notice under which he had applied. Therefore, he cannot be allowed change of his applied for category at this stage.
4(iv) The documents on record make it evident that the petitioner was issued BPL certificate on 11.11.2021 i.e. much after the cut off date of submitting the application form i.e. 31.10.2021. It is not the case of the petitioner that any certificate of belonging to BPL category was issued in his favour prior to 31.10.2021.It is also not the case of the petitioner that he had moved any Court of law for issuance of BPL certificate before filing the present writ petition seeking change of applied for category. It is also not a case of any bonafide mistake committed by the petitioner. Petitioner had knowingly applied for as SC (UR) candidate and his candidature was accordingly considered by the respondents. There is no merit in petitioner’s contention for changing his category from SC (UR) to SC (BPL) that too at the stage when result of selection process has already been declared.
For all the aforesaid reasons, we find no merit in the present writ petition and the same is accordingly dismissed. Pending applications, if any, also stand disposed of.
