1 S.B.CIVIL WRIT PETITION NO.6969/2007 SMT. ROSHANI v. The RPSC, Ajmer & Anr. Date of Order :: 20th November, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. P.R.Mehta, for the petitioner. Mr. Shyam Toshniwal] for the respondents. On qualifying the Primary and Upper Primary School Teachers' Competitive Examination, 2006 the petitioner was provisionally selected for appointment as Teacher Gr.III. The selection aforesaid came to be rejected by the Rajasthan Public Service Commission by alleging that the petitioner though is a member of Scheduled Tribes but is not a resident of triable sub plan area. The petitioner, as a matter of fact, is resident of district Jhabua in the State of Madhya Pradesh and after her marriage, she migrated to district Banswara in the State of Rajasthan, which is a part of triable sub plan area, and she also have a domicile certificate issued by the competent authority regarding her place of resident. As per the certificate, the petitioner is a resident of triable sub plan area. 2 The issue involved in this petition for writ as to whether a person migrating to triable sub plan area as a consequent of marriage is required to be treated as the resident of that area or not has been considered by this Court in the case of Vandana Ninama vs. RPSC, Ajmer and another (SBCWP No.6861/2007, decided on 23.10.2008) and it was held that a married lady having a domicile certificate relating to her residence in triable sub plan area is required to be treated as a bonafide resident of that area and all benefits connected thereto are required to be given to her. In view of it, this petition for writ deserves acceptance, same therefore is allowed. The respondents are directed to consider candidature of the petitioner for the purpose of appointment to the post of Teacher Grade III and in the event, she stands in merit relating to the candidates belonging to triable sub plan area and is otherwise eligible, appointment be accorded to her within a period of three months from today. ( GOVIND MATHUR ),J. Anil/