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2008 DIGILAW 2378 (RAJ)

Sharda Devi v. State

2008-10-22

AJAY RASTOGI

body2008
JUDGMENT 1. - Petitioner, who is a widow seeking appointment for the post of Teacher Gr.III in pursuance of advertisement [Ann.1] issued by the respondents under Rajasthan Panchayati Raj Rules, 1996. 2. Petitioner did her Senior Secondary in (Vocational) & so also BSTC in the years 1995 & 1997 respectively Ann.3 & Ann.5 are placed on record. Post of Teacher Gr.III was advertised by the respondents in pursuance of advertisement Ann.1 dated 24th November, 2006 for divorcee/widow [females]. Prior to issuance of advertisement, Government issued a circular dated 20th September, 2005, which is referred to therein, is reproduced as under: " vk;qDr izkjfEHkd f'k{kk jktLFkku] chdkusj dzekad %& f'kfoj@izkj@f'k@laLFkku@fo/kuk@fu;qDr@05@20-9-2005 izkIr laLFkkvksa ls iz'kS{kf.kd ;ksX;rk izkIr djuh gksxh ,oa ftu vk'kkfFkZ;ksa us lSd.Mjh ijh{kk mRrh.k dj lh/kh iz'kSf{kd ;ksX;rk vftZr dh gS mUgsa rhu o"kZ esa lh0 lSd.Mjh ijh{kk mRrh.kZ djuh gksxhA " 3. Petitioner being eligible also submitted application in pursuance of advertisement [Ann.1], but she was not considered for appointment by the respondents on the premise that she did her Senior Secondary from Vocational Scheme and in absence of qualifying the Bridge Course, she could not be considered to be eligible for the post of Primary School Teacher under Rajasthan Panchayati Raj Rules, 1996. 4. Counsel for petitioner submits that controversy has already been examined by this court in CW No.8607/05, Smt. Santosh v. State & Ors., decided on 9th February, 2007 and taking note of circular issued by the Government dated 20th September, 2005; such widow/divorced [females] who even did not qualify Senior Secondary Examination which is one of the academic qualification to hold the post of Primary School Teacher relaxation has been granted to them to qualify the same within 3 yrs. from their appointment. Counsel submits that if 3 years' relaxation is granted to widow/divorced [females] even to qualify minimum academic qualification, certainly petitioner could not be deprived of fair consideration. 5. It has also been informed to this court that petitioner later on qualified Senior Secondary Academic Examination, 2008 from Board of CW 3252/07 Secondary Education - in this regard mark sheet has been placed for perusal of this court dated 10th June, 2008. 6. Counsel for respondents is not disputing so far as controversy being examined and decided by this court vide judgment [supra] is concerned. 7. In the light of judgment [supra], present writ petition stands allowed. 6. Counsel for respondents is not disputing so far as controversy being examined and decided by this court vide judgment [supra] is concerned. 7. In the light of judgment [supra], present writ petition stands allowed. Respondents are directed to consider candidature of the petitioner for appointment for the post of Primary School Teacher in pursuance of advertisement [Ann.1] with all consequential benefits including notional fixation, however, she will be entitled for pecuniary benefits from the date she joined duty. Compliance be made within three months.Writ Petition Allowed. *******