Rajasthan High Court - Jaipur
Smt Sarita Rani Sharma vs State (Education Department)Ors on 28 February, 2012
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN
BENCH AT JAIPUR.
O R D E R
S.B. CIVIL WRIT PETITION NO.18564/2011.
Smt.Sarita Rani Sharma
Vs.
State of Rajasthan & Ors.
Date of order : February 28, 2012.
HON'BLE MR.JUSTICE MOHAMMAD RAFIQ
Shri Shriswami for the petitioner.
******
BY THE COURT:-
Contention of the learned counsel for the petitioner is that petitioner has applied for appointment on the post of Teacher Gr.III on compassionate basis because her husband, who was working as Teacher with the respondent-department unfortunately died on 15/8/2009 and as per government rules, she is entitled to compassionate appointment on that basis. Petitioner has qualification of B.Ed. and RTET and also qualified the Rajasthan Teacher Education Test having secured 48% marks. According to clause (iv) of the avertisement issued by the respondents for RTET examination, relaxation in minimum passing marks to the extent of 15% was admissible to the widow/deserted women. Since petitioner is widow hence, she is entitled for that relaxation. Respondents at one stage decided to give appointment to the petitioner on compassionate basis but at the last stage, withdrawn the same presumably on the basis of her not having 60% in RTET, which action is not legal because as per the RTET Examination Rules, 2011, a widow is entitled to 15% relaxation in minimum qualifying marks of 60%. In case, this being the appointment on compassionate ground, those rules of 60% cannot be applied. The compassionate appointment thus is exception to the normal rule.
Having regard to the facts of the present case, this petition is disposed of requiring petitioner to make a representation to the Director Primary Education Rajasthan, Bikaner, who shall examine the grievance of the petitioner and pass appropriate order with regard thereto within a period of six weeks from the date of making such representation along with copy of this order.
(MOHAMMAD RAFIQ), J.
Anil/45 All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed Anil Kumar Goyal Sr.P.A. Cum J