JUDGMENT 1. - Instant petition has been filed by the petitioner who is a divorcee seeking her consideration for appointment under the quota of divorcee/widow for the post of Teacher Gr. III. 2. The petitioner passed her Secondary School Examination and Senior' Secondary (Vocational) Examination in the year 1990/1992 and did her Graduation (B.A.), from University of Rajasthan in 1996. The petitioner is a divorcee and applied for the post of Teacher Gr. III under the Rajasthan Educational Subordinate Service Rules, 1971 (hereinafter referred to as the Rules of 1971) and later on she also appeared in Senior Secondary (Academic) Examination, 2006 conducted by the Board of Secondary Education Rajasthan and passed the same, mark-sheet issued on 20th May, 1996 is placed as Annex. 9 on record. 3. Vide letter dated 18th June, 2005 petitioner was called upon to furnish relevant documents but as she did her Senior Secondary (Vocational) was not considered to be eligible to participate in the selection process initiated for the post of Teacher Gr. Ill under the quota of widow/divorcee females. 4. Counsel for the petitioner submits that petitioner later on qualified Senior Secondary Examination in 2006 conducted by Board of Secondary Education and apart from it, this Court consistently has observed that those who possess Senior Secondary (Vocational) in the light of judgment of the Supreme Court in Sunita Sharma & Ors. v. State of Raj. & Ors., JT 2001 (10) SC 178 are entitled to be considered for appointment for the post of Teacher Gr. Ill and in support of his submissions, he has placed reliance on the judgment of this Court in Deep Chand v. State of Raj. & Ors., 2003 (1) WLC (Raj.) 187 and so also the judgment of this Court in S.B. Civil Writ Petition No. 1103/2004 decided on 13th April 2007. He has further submitted that so far as BSTC/B.Ed which is also one of the condition of eligibility for the post of Teacher Grade III Is concerned, widow (petitioner) is entitled to exemption with a rider to qualify the same within three years of her appointment as such denial of her consideration is arbitrary and violative of Article 14 of the Constitution. 5.
5. Respondents have filed reply to that writ petition wherein it has been averred that the petitioner on the basis of her qualification of Senior Secondary (Vocational) was not eligible for the post of Teacher Gr. III and so far as attaining qualification of Senior Secondary (Academic) in 2006 is concerned, it will not make her eligible with respect to the advertisement issued in the year 2005. 6. I have heard the rival submissions and considered the material available on record. 7. So far as qualification of Senior Secondary (Vocational)/Academic for the post of Teacher Gr. III is concerned, in the case of Deep Chand (supra) this Court observed as under: "Thus, in view of the judgment of the Hon'ble Supreme Court in the case of Sunita Sharma (supra) where the qualification of Senior Secondary (Vocational) has been held to be equivalent to Senior Secondary (Academic) the ground on the basis of which the petitioner was denied appointment cannot be sustained and the petitioner is entitled to appointment on the post of Teacher Gr. III in pursuance of the advertisement issued by the respondent No. 3 in the year 1998 as he stood at serial No. 52 in the merit list, which was compared on the basis of qualification of Senior Secondary (Vocational) and this writ petition deserves to be allowed. The same issue has also been consideration in Civil Writ Petition No. 1103/2004 decided on 13th April, 2007 holding that applicants possessing qualification of Senior Secondary (Vocational) are eligible to be considered, for the post of Teacher Gr. III. Apart from it, in the instant case, the petitioner has acquired that qualification of Senior Secondary (Academic) also in 2006, may be in the latter year but she holds the qualification which is requisite as desired by the respondents for appointment on the post of Teacher Gr. III under Rules, 1971. 8. So far as training of BSTC/B.Ed; is concerned, the applicants who are divorcee/widow have already been granted exemption with a rider that they will qualify the same within three years of their appointment, taking note thereof and the judgment referred to supra, this Court is of the opinion that petitioner holds eligibility for the post of Teacher Gr. III under Rules, 1971. 9. Accordingly, the petition is allowed.
III under Rules, 1971. 9. Accordingly, the petition is allowed. The respondents are directed to determine merit of the petitioner on the basis of Senior Secondary (Vocational) and in case any less meritorious person than the petitioner. has been appointed as per aforesaid merit list, she may be considered for appointment and if found suitable, she may be given appointment with effect from the same date when the less meritorious person had been appointed with all consequential benefits except arrears of salary. Necessary orders be passed within a period of three months. No order as to costs.Writ Petition Allowed. *******