Rajasthan High Court - Jodhpur
Rajeshwari vs State Of Rajasthan on 5 August, 2021
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7426/2021 Rajeshwari D/o Shri Natta Ram, Aged About 28 Years, R/o Mochiyon Ki Dhaniya, Village Jadeli, Post Tantwas, District Nagaur, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through Its Secretary, Department Of Secondary Education, Government Of Rajasthan, Jaipur.
2. The Director, Secondary Education, Bikaner, District Bikaner, Rajasthan.
3. The Secretary, Rajasthan Subordinate And Ministerial Service Selection Board, Jaipur District Jaipur, Rajasthan.
----Respondents For Petitioner(s) : Mr. Kailash Jangid For Respondent(s) : Mr. Vinit Sanadhya Mr. Vishal Jangid JUSTICE DINESH MEHTA Order 05/08/2021
1. By way of the present writ petition the petitioner has challenged non-consideration of her candidature in divorcee category though she has secured more marks than the cut off declared for divorcee category.
2. It is the case of the petitioner that she belongs to OBC- Divorcee category, and since she has secured more marks than the cut off declared for General category, she is entitled for appointment.
3. Mr. Vinit Sanadhya, learned counsel for the respondent - Board, at the outset, submitted that there was no post advertised (Downloaded on 05/08/2021 at 09:08:05 PM) (2 of 2) [CW-7426/2021] for divorcee category candidates and the posts which were advertised were for widow category. However, reservation provision requires that in case widow candidates are not available, the seats notified for such candidates would be filled in by the divorcee candidates. The petitioner and other divorcee candidates were permitted to take part in further selection process and at the time of final result, since two candidates from widow category were available, petitioner was not offered appointment.
4. At this juncture, Mr. Jangid, learned counsel for the petitioner, while inviting Court's attention towards the total posts vis-a-vis reserved for divorcee/widow category, contended that the respondents have erred in not providing any reservation to the divorcee category candidate.
5. Upon perusal of the material available on record, this Court finds that neither any prayer to this effect has been made nor Department of Personnel has been made a party, who is entrusted with the responsibility to give vacant position and roster position to the Selection Board.
6. In view of the aforesaid, the writ petition is disposed of with liberty to the petitioner to file a fresh writ petition, if she wants to challenge the action of the respondents for non-providing appropriate reservation to the divorcee category candidate.
7. Stay application too stands disposed of.
(DINESH MEHTA),J 56-A.Arora/-
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