Can Candidates Change Category Amid Ongoing Recruitment Process If Visited By Widowhood Or Handicap: Rajasthan HC Refers Question To Larger Bench

The Rajasthan High Court has referred to a larger bench the question regarding legal viability of a candidate changing her category to a special category in the middle of a recruitment process, upon being visited by a misfortune caused by the 'act of god' post the submission of the application form.

A Division Bench of Dr Justice Pushpendra Singh Bhati and Justice Madan Gopal Vyas noted the decision made by a co-ordinate bench of the court in State of Rajasthan & Anr. v. Jagdish Prasad & Anr.(2016). In Jagdish Prasad, the court had held that an individual benefit to the party in the form of permitting a change of category after the last date for application submissions would make 'justice individualised which again would be anathema to the law and the Constitution'.

On the aspect of permitting a category change in an ongoing selection process, relying on Central Board of Dawoodi Bohra Community & Ors. v. State of Maharashtra & Ors. (2005), the court deemed it fit for the Chief Justice to make an appropriate decision.

“…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?”, the court laid down the question for determination.

The Division Bench also clarified that the above question has been framed only with regard to candidates who became widowed or handicapped due to an 'Act of God', not foreseeable by the recruiter or the job aspirant. The same incident should have happened after the cut-off date of the recruitment process but before the declaration of the final merit list, the court added.

In Central Board of Dawoodi Bohra, the apex court had iterated that a Bench of coequal strength may express an opinion doubting the correctness of the view taken by the earlier Bench of coequal strength, at which point the matter may be placed for hearing before a Bench consisting of a larger quorum.

In the current case, the petitioner-candidate was fully eligible as a General (Women) Category candidate at the time of filing the application form. When her husband died, even the results for the first phase of the recruitment process were not declared. The petitioner secured enough marks in the preliminary examination to qualify in the General (Widow) Category whereas she couldn't score the cut-off marks applicable for the General (Women) Category.

The court has also stated that the selection process of the candidate in question will be subject to the final decision rendered by the larger bench to be constituted by the Chief Justice of the High Court. The petitioner-candidate will have the liberty to seek an interim order as well from the larger bench during the pendency of the writ petition, the court further noted.

The counsel for the petitioner had relied on the decision in State of Rajasthan & Ors. v. Jamna Rajpurohit (2013) where the concession available for widowhood was granted to two widows on account of the unfortunate incident happening after the last date for submitting application forms but before the completion of the recruitment process. The High Court had then observed that it was not the widows' discretion to change category, their category got changed due to circumstances over which they had no control.

However, the counsel appearing for the respondent argued that the judgment in Jamna Purohit was declared as per incuriam in Jagdish Prasad, and hence not applicable.

For Petitioner: Mr. Khet Singh Rajpurohit

For Respondents: Dr. Sachin Acharya, Sr. Adv. Assisted by Mr. Chayan Bothra

Case Title: Sangeeta Joshi v. The Rajasthan High Court At Jodhpur & Ors.

Case No: Writ Petition No. 2816 of 2024

Citation: 2024 LiveLaw (Raj) 41

Click Here To Read/ Download Order