CWP 5336/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.5336/2006 Smt. Rekha Bai Chaturvedi Versus State & Another Date of Order ::: 19/11//08 Hon'ble Mr. Justice Ajay Rastogi Mr. Arvind Kr Sharma, for petitioner Mr. JK Agrawal, Addl. Govt. Advocate, for respondent State Instant petition has been filed by widow seeking consideration for appointment for the post of Primary & Upper Primary School Teacher Gr.III pursuant to advertisement (Ann.5). Respondents advertised 3773 vacancies particularly for widow/divorced females for appointment as Primary & Upper Primary School Teacher under Rajasthan Panchayatiraj Rules, 1996. Petitioner being widow submitted application. However, her candidature was not considered on the premise that she did not hold requisite educational qualification for the post in question as referred to in R.266 of Rules, 1996. Academic qualification prescribed U/R.266 of Rajasthan Panchayati Raj Rules, 1996 is ad infra: “266. Academic qualifications. - A recruit must possess minimum qualification as under : (3) Primary School Teacher (100% by direct recruitment) CWP 5336/06 //2// (i) Senior Secondary under new (10+2) Scheme or Higher Secondary under old scheme from Rajasthan Board of Secondary Education or equivalent and Secondary School Certificate from Rajasthan Board of Secondary Education or equivalent with 5 subjects, 3 of them shall be Mathematics, English & Hindi. (ii) B.S.T.C. Course. Proviso in Hindi (English Translation) But for appointment on the post of Teacher of widow and divorcee women, required qualification of STC shall be relaxed if they are competent otherwise and they submit a bond to the effect that they will obtain the qualification of STC within a period of three years. They shall be entitled to receive leave for study to get STC qualification soon after their appointment.” Counsel for petitioner submits that petitioner did her Gram Vinodini Examination (Matriculation) from Mahila Gram Vidyapith Prayag in year 1982 vide certificate (Ann.1) and Maha Vidushi Examination (Intermediate) held in September, 1983 from Mahila Gram Vidyapith Allahabad vide certificate dt. 26/12/1984 (Ann.2) and as per University of Rajasthan Handbook Part II Vol.III (1976 Edn), Maha Vidushi examination (with English) from Mahila Gram Vidyapeeth, Prayag has been considered to be equivalent to Pre- CWP 5336/06 //3// University; and since petitioner is holding equivalent qualification, could not have been deprived from fair consideration for participation in process of selection pursuant of advertisement (Ann.5). In support, Counsel placed reliance upon decision of this Court in Smt. Mamtesh Bhardwaj Vs. State (CWP-4124/2006 decided vide judgment dt. 21/02/07). In their reply to the petition respondents inter-alia averred that since petitioner is not holding requisite qualification of Hr. Secondary (old Scheme)/Sr. Secondary (New Scheme), was not entitled to participate in process of selection pursuant to advertisement (Ann5) and her candidature was rightly rejected by respondents. Having considered material on record with the assistance of both the Counsel, it reveals that petitioner did Gram Vinodini Examination (Matriculation) with subjects including Hindi, Advanced English & General Maths held in September, 1982 by Mahila Gram Vidyapitha, Prayag (Allahbad) and Maha Vidushi Examination (Intermediate) in September, 1983 by Mahila Gram Vidhyapitha Allahabad as is evident from certificates (Ann.2), which has been considered to be equivalent to Pre-University by University of CWP 5336/06 //4// Rajasthan as is evident from its Handbook Part II Vol.III (1976 Edn.). Under Scheme of Rules, 1996, those having held qualification of Higher Secondary (Old Scheme) or Senior Secondary (New Scheme) from Board of Secondary Education Rajasthan or equivalent are considered to be eligible. No contrary material has been placed by respondents on record to show equivalent qualification acquired from Uttar Pradesh Board as considered by University of Rajasthan equivalent to Pre-University, being not recognised or is not equivalent to Higher Secondary or Senior Secondary of Rajasthan Board. In the opinion of this Court, action of respondents in not permitting petitioner to participate in process of selection pursuant to advertisement (Ann.5) cannot be considered to fair and it is clearly in violation of Art.14 of Constitution. As regards training of BSTC/B.Ed., there is already an exemption to widows/divorced women for obtaining qualification within three years of appointment under proviso to R.266(3) of Rules, 1996 quoted supra. Consequently the writ petition succeeds and is hereby allowed. Respondents are directed to consider candidature of petitioner on the post of CWP 5336/06 //5// Primary & Upper Primary School Teacher Gr.III pursuant to advertisement (Ann.5) and if she is otherwise found suitable and come in order of merit, be considered for appointment to the post within three months from today. No costs. (Ajay Rastogi), J. K.Khatri/p.5/5336CW06-1911WdAptt.doc