CW 3252/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.3252/07 Sharda Devi Versus State & Ors. DATE OF ORDER : 22/10/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Anoop Dhand, for petitioner Mr. J.K. Agrawal, Addl. Govt. Counsel, for State *** Petitioner, who is a widow seeking appointment for the post of Teacher Gr.III in pursuance of advertisement [Ann.1] issued by the respondents under Rajasthan Panchayati Raj Rules, 1996. Petitioner did her Senior Secondary in (Vocational) & so also BSTC in the years 1995 & 1997 respectively Ann.3 & Ann.5 are placed on record. Post of Teacher Gr.III was advertised by the respondents in pursuance of advertisement Ann.1 dt.24th November, 2006 for divorcee/widow [females]. Prior to issuance of advertisement, Government issued a circular dt.20th September, 2005, which is referred to therein, is reproduced as under: "आयुक् त ूारम् भक िशक्षा राजः थान बीकानेर बमांक- िशिवरा/ूार/िश/संः थान/िवधवा/ िनयुक् त/05/20-9-2005 अिप्र शक्षत आशाथȸ को तीन वष की अविध में अिनवायर् रूप से िविध सम् मत मानयता ूाप् त संः थाओं से ूशैक्षिणक योग् यता ूाप् त करनी होगी एवं िजन आशािथर्यो ने सैकण् डरी परीक्षा उत् तीणर् कर सीधी ूशैिक्षक योग् यता अिजर्त की है उन् हें तीन वषर् में सी- सैकण् डरी परीक्षा उत् तीणर् करनी होगी " CW 3252/07 [2] Petitioner being eligible also submitted application in pursuance of advertisement [Ann.1], but she was not considered for appointment by the respondents on the premise that she did her Senior Secondary from Vocational Scheme and in absence of qualifying the Bridge Course, she could not be considered to be eligible for the post of Primary School Teacher under Rajasthan Panchayati Raj Rules, 1996. Counsel for petitioner submits that controversy has already been examined by this court in CW No.8607/05, Smt. Santosh Vs. State & Ors., decided on 9th February, 2007 and taking note of circular issued by the government dt.20th September, 2005; such widow/divorced [females] who even did not qualify Senior Secondary Examination which is one of the academic qualification to hold the post of Primary School Teacher relaxation has been granted to them to qualify the same within 3 yrs. from their appointment. Counsel submits that if 3 years' relaxation is granted to widow/divorced [females] even to qualify minimum academic qualification, certainly petitioner could not be deprived of fair consideration. It has also been informed to this court that petitioner later on qualified Senior Secondary Academic Examination, 2008 from Board of CW 3252/07 [3] Secondary Education – in this regard mark sheet has been placed for perusal of this court dt.10th June, 2008. Counsel for respondents is not disputing so far as controversy being examined and decided by this court vide judgment [supra] is concerned. In the light of judgment [supra], present writ petition stands allowed. Respondents are directed to consider candidature of the petitioner for appointment for the post of Primary School Teacher in pursuance of advertisement [Ann.1] with all consequential benefits including notional fixation, however, she will be entitled for pecuniary benefits from the date she joined duty. Compliance be made within three months. [AJAY RASTOGI], J. FRBOHRA3252CW07 22-10.doc