JUDGMENT 1. - Instant petition has been filed by widow with the grievance that she was appointed under widow quota on the post of Teacher Gr.III under Rajasthan Panchayati Raj Rules, 1996 ("Rules, 1996") and is entitled for study leave for the period during which she has acquired qualification of Teachers Training Course in terms of proviso to R.266 of Rules, 1996. 2. Petitioner was initially appointed on the post of Teacher Gr.III against widow quota vide order dated 27/08/1996 (Ann.1) pursuant to Govt. Circulars dated 27/01/1996 & 12/03/1996 under Panchayati Raj Rules, 1996. However, at the time of appointment, she did not acquire qualification of BSTC (Teachers' Training Course) and was selected for Teachers Training Course of Two years and relieved on 09/12/1997 to join training of STC at DIET, Sikar where she joined on 10/12/1997; however she completed the said Training and resumed back on duty on 24/12/1999 but result of the Course was declared on 05/05/2000 declaring her passed therein. However, for the period which she spent in completing training course (from 09/12/1997 to 23/12/1999) was not considered to be study leave, which has compelled her to approach by way of instant petition. 3. Counsel submits that identical issue was decided by this Court in Smt.Chandra Kanta Nuwal v. State, (CWP-13531/2008 vide judgment dated 23/03/2011) and by Co-ordinate Bench at principal seat Jodhpur in Bhagwanti Jeengar & Anr v. State, (CWP-1899/2005 vide judgment dated 04/08/2006) ; it was held that widow/divorced incumbent if appointed under Rules, 1971, in terms of proviso to R.11 of Rules, 1971 are eligible to seek appointment; but at the same time, has to acquire qualification of BSTC/ B.Ed, within three years and shall also be eligible for grant of study leave soon after acquiring qualification of STC. 4. Counsel further submits that proviso to R.266(3) of Rules, 1996 duly substituted vide notification dated 19/06/1998, is analogous to proviso to R.11 of Rules, 1971 which, being relevant is quoted ad infra: Proviso to R.11 of Rules, 1971 - "Provided that the widows and Divorced Women will be given relaxation in qualification of STC or B.Ed as the case may be for appointment to the post of Teacher or Senior Teacher they are otherwise eligible and furnish an undertaking to the effect that the qualification of STC or B.Ed as may be relevant shall be obtained within a period of three years.
They shall also be eligible for grant of Study Leave soon after their appointment for acquiring the qualification of STC or B.Ed." Proviso to R.266(3) of Rules, 1996 - " ijUrq fo/kok vkSj fofPNUu fookfgr efgykvksa dh v/;;u ds in ij fu;qfDr ds fy, ,l0Vh0lh0 dh vgZrk esa f'kfFkyrk nh tk,xh] ;fn os vU;Fkk ik= gS vkSj bl izdkj dk opucU/k izLrqr dj nsrh gS fd ,l0Vh0lh0 dh vgZrk rhu o"kZ dh dkykof/k ds Hkhrj izkIr dj yh tk,xh os mudh fu;qfDr ds rqjUr i'pkr~ ,l0Vh0lh0 dh vgZrk izkIr djus ds fy, v/;;u NqV~Vh Lohd`r fd;s tkus ds fy, Hkh ik= gksxhA " This Court in Smt. Chandra Kanta Nuwal (supra) observed ad infra: "The proviso referred to clearly envisages that if widow/divorced woman gets appointment on the post of Teacher/Senior Teacher undertaking has to be furnished that the qualification of STC/B.Ed. Shall be obtained by the incumbent within a period of three years and shall also be eligible for grant of study leave soon after her appointment for acquiring qualification. Indisputably in the instant case, the petitioner being a widow also obtained qualification of B.Ed. within stipulated period of three years from the date of appointment and taking note of proviso referred to that certainly makes the petitioner eligible for grant of study leave for the period which she spent while obtaining the qualification of B.Ed. It has also been considered by the main seat at Jodhpur in CWP-1899/2005, (Bhagwanti Jeengar and Anr. v. State of Raj. & Ors) decided on 04/08/2006. Taking note thereof, rejection of petitioner's application for grant of study leave prayed for is arbitrary and deserves to be set aside." 5. Taking note of proviso to R.266 of Rules, 1996 and in the light of judgment quoted (supra), writ petition succeeds and is hereby allowed. Respondents are directed to sanction study leave to the petitioner for the period which she spent in completing training course as provided under the Rules, and regularise her services and so also to make fixation of the petitioner in revised pay-scales made applicable from time to time, if not made as yet. The petitioner is also entitled for annual grade increments in accordance with Rules, if otherwise not dis-entitled alongwith arrears computed & accrued upon fixation of pay pursuant to aforesaid directions. Necessary orders for compliance may be passed by the respondents within three months. No costs.Petition Allowed. *******