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2023 DIGILAW 2083 (RAJ)

Lila Kumari Meena D/o Shri Rodaji Meena v. State Of Rajasthan, Through Its Principal Secretary, Department Of Primary Education

2023-11-07

PUSHPENDRA SINGH BHATI

body2023
ORDER : 1. Since all the instant petitions involve a common controversy, though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts and the prayer clauses are being taken from the above-numbered S.B. Civil Writ Petition No.15497/2023, while treating the same as a lead case, rival submissions of the parties and the observations of the Court, in the present order, would also be based, particularly, on the factual matrix of the lead case. 1.1 The prayer clauses read as under :- "I. By an appropriate writ, order or direction, to quash and set aside the selection / appointment list dated 10.09.2023 (annexure-11) being arbitrary, unjust and illegal and violates the fundamental rights of the petitioner. ii) By an appropriate writ, order or direction, the respondents may kindly be directed to issue afresh selection list while selecting remaining 05 candidates belongs to ST-TSP (Divorcee) Category. iii) By an appropriate writ, order or direction, the respondents may kindly be directed to offered appointment to the petitioner on the post of Teacher Level 1st (General Education) in pursuant to advertisement bearing no.12/2022 dated 16.12.2022 (Annexure-03) with all consequential benefits. iv). Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner. IV. Costs of the wit petition may kindly be awarded to the petitioners." 2. Learned counsel for the petitioner submits that the petitioners are belonging to ST-TSP (Divorcee / Widow) category. The petitioners have participated in the Rajasthan Eligibility Examination of Teachers Level I & II (hereinafter to be referred as 'REET-2022'). 3. Learned counsel for the petitioner has drawn attention of this Court towards the Clause 6 of the advertisement dated 12.04.2022, which relates to minimum passing mark for REET2022 and sub-Clause-II of the Government circular dated 29.08.2012 for the scheduled area, which stipulates 36% minimum passing mark for such candidates belonging to scheduled tribe. 3. Learned counsel for the petitioner has drawn attention of this Court towards the Clause 6 of the advertisement dated 12.04.2022, which relates to minimum passing mark for REET2022 and sub-Clause-II of the Government circular dated 29.08.2012 for the scheduled area, which stipulates 36% minimum passing mark for such candidates belonging to scheduled tribe. When the recruitment process started for Teacher Grade-III Level I & II (General and Special Education) in TSP area, an advertisement was issued on 16.12.2022 and the bone of contention has arisen out of the following clause in the advertisement dated 16.12.2022 :- jkT; ljdkj ds vkns'k i=kad%& ia- 7¼13½ izkf'k@vk;ks@2019 t;iqj] fnukad 16- 12-2020 ds vuqlkj jktLFkku izkkFkfed fo|ky; v/;kid lkekU;@fo'ks"k f'k{kk ¼ysoy izFke] d{kk 1 ls 5 rd½ lh/kh HkrhZ&2022 ds lEcfU/kr oxZokj inksa gsrq eq[; ijh{kk esa 'kkfey gksus ds fy, vH;FkhZ dks jktLFkku v/;kid ik=rk ijh{kk&2021 vFkok jktLFkku v/;kid ik=rk ijh{kk&2022 ds ysoy&izFke esa fuEukuqlkj U;wure izkIrkad izfr'kr vftZr djuk vfuok;Z gksxk%& Øla- Js.kh U;wure mÙkhZ.kkad izfr'kr Non TSP TSP 1- lkekU;@vukjf{kr 60 60 2- vuqlwfpr tutkfr (ST) 55 36 3- vuqlwfpr tkfr (SC), vU; fiNM+k oxZ (OBC) ] vfr fiNM+k oxZ (MBC) rFkk vkfFkZd :i ls detksj oxZ (EWS) 55 4- LeLr Js.kh dh fo/kok ,oa ifjR;Drk efgyk,a rFkk HkwriwoZ lSfud 50 5- fnO;kax ¼fu%'kDrtu½ Js.kh esa fu;ekuqlkj vkus okys leLr O;fDr 40 6- lgfj;k tutkfr ds O;fDr 36 ¼lgfj;k {ks=½ 4. Learned counsel for the petitioner submits that for ST -TSP category, the qualifying marks were 36% whereas for all the categories of widow, divorcee and ex-servicemen, a general rule of 50% minimum qualifying marks has been stipulated. 5. Learned counsel for the petitioner further submits that the petitioners cannot be deprived of the relaxation of 36% minimum marks in the REET-2022, which is already available to the petitioners, who are ST -TSP category, although the next classification in the advertisement brings them into the category of widow / divorcee. He further submits that merely because the petitioners have unfortunately travelled to the next category, they cannot be deprived of their original benefit of 36% minimum qualifying marks for the post in question. 6. Learned counsel for the petitioner submits that in Leela Kumari Meena & Ors. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.6209/2022), decided on 20.09.2022, a similar controversy arose but was resolved by respondents themselves. 7. 6. Learned counsel for the petitioner submits that in Leela Kumari Meena & Ors. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.6209/2022), decided on 20.09.2022, a similar controversy arose but was resolved by respondents themselves. 7. Learned counsel for the respondents opposes the submissions made on behalf of the petitioner on the ground that the criteria has been fixed for the different categories and once the petitioners are falling under the widow / divorcee category then they will be governed by serial no. 4 and cannot be said to be governed by serial no. 2 of the aforesaid table of advertisement dated 16.12.2022. 8. This Court after hearing learned counsel for the parties and looking to the narrow dimension of the controversy finds that the petitioners are widow / divorcee, who are seeking recruitment for Teacher Grade-III Level I & II (General and Special Education) in TSP area and while they have qualified their REET examination, they are being disqualified on count of the fact that they have less than 50% marks as per the serial no.4 of the aforesaid table of advertisement dated 16.12.2022. It is not in dispute that the petitioners belong to ST-TSP category and thus, the original benefit of their primary category which is at serial no.2 of the aforesaid table of advertisement dated 16.12.2022 cannot be denied to them. 9. This Court is of the clear opinion that the petitioners, who belong to the ST -TSP category, as per the advertisement, were having the benefit of relaxation as per the column 2 of the advertisement and thus, in case any other category is applicable to them, which is serial no.4 in this case, then the category which provides optimum benefit lawfully has to be applied. The admitted position of ST -TSP category of the petitioners is directed to be applied so as to ensure their entitlement for the requisite criteria prescribed under the advertisement dated 16.12.2022 in column no.2. 10. In view of above observation, the present petitions are allowed and the respondent are directed to treat the petitioners, who are divorcee / widow, in terms of stipulation made at serial no. II of the aforesaid table of advertisement dated 16.12.2022 for the category of ST -TSP, while treating them to be qualified, if they possess above the minimum required marks i.e. 36% marks for the recruitment in question. II of the aforesaid table of advertisement dated 16.12.2022 for the category of ST -TSP, while treating them to be qualified, if they possess above the minimum required marks i.e. 36% marks for the recruitment in question. It shall be open for the respondents to examine all other eligibility criteria but at the same time, the petitioners shall be treated to be qualified for REET2022, if they possess at least 36% marks. After fulfilling such criteria, rest of the conditions shall be examined by the respondents and appropriate appointment strictly in accordance with law as per their own merit shall be granted within a period of three months from the date of receipt of certified copy of this order with all consequential benefits. 11. All pending applications also stand disposed of.