SBCWP NO.24/1999. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.24/1999. Smt.Veena Sharma Vs. State and anr. Date of Order : 4/7/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Rakesh Sharma for the petitioner. Mrs. Parinitoo Jain Deputy Government Counsel for the State. **** BY THE COURT:- This writ petition has been filed with the grievance that case of the petitioner for appointment on the post of Teacher Grade-II in Sanskrit Education Department of the respondents against the quota of divorcees/widows has not been considered. 2) Respondents invited applications for appointment on the post of Teacher Gr.II in Hindi and Sanskrit Department. Pursuant thereto, petitioner applied however, when the select list was published on 22/12/1998, she came to know that her candidature for appointment on the said post has not been considered inspite of the Circular of the Department of Personnel dated 29/7/1989 which provides for a quota for appointment to divorcees/widows. Copy of the aforesaid Circular dated 29/7/1989 has not been produced but the petitioner has placed on record the photostat copy of the relevant page of Shivira, the magazine issued by SBCWP NO.24/1999. 2 the Education Department of May-June 1992 which contains some other circular prescribing the procedure for making such appointments as per the policy of the government. 3) Learned counsel for the petitioner submits that the government has provided reservation for divorcees/widows even for the post of Teacher Grade-II in Sanskrit Department and in case the petitioner is found eligible for such appointment, her case ought to have been considered. Learned counsel for the petitioner has drawn attention of the court towards the assertion being made by the petitioner in para 2 of the writ petition that one Smt.Prakash Mehta was appointed as Teacher Gr.III in Sanskrit Education Department who is presently working at Gangnoor in District Chittorgarh, against the quota meant for divorcees/widows. 4) Learned counsel for the respondents has contested the writ petition and argued that that there was no such provision for reservation of divorcees/widows in Sanskrit Education Department and, therefore, the question of appointment of the petitioner on the post of Teacher Gr.II in Sanskrit Department does not arise. The petitioner could not secure merit, therefore, she could not be appointed. So far as Circular dated 29/7/1989 is concerned, it was contended by the learned counsel for the respondents, was pertaining to the Education Department and not of Sanskrit Education Department. 5) In view of the contest made by the learned counsel for the respondents, that there was no such SBCWP NO.24/1999. 3 reservation for appointment on the post of Teacher Gr.II in Sanskrit Education Department and no specific circular to that effect has been produced to show that any such reservation was provided for appointment even on the post of Teacher Gr.II in Sanskrit Education Department, a mandamus possibly cannot be issued for consideration of case of the petitioner for appointment ignoring her merit. I, therefore, do not find any merit in this writ petition and the same is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil/-