1 1]- S.B. CIVIL WRIT PETITION NO.11313/2009 (Smt. Durga Sharma Vs. State and Ors.). 2]- S.B. CIVIL WRIT PETITION NO.11310/2009 (Smt. Shashi Rani Sharma Vs. State and Ors.). 3]- S.B. CIVIL WRIT PETITION NO. 11311/2009 (Smt. Chanchal Devi Vs. State and Ors.). 4]- S.B. CIVIL WRIT PETITION NO.11312/2009 (Smt. Urmila Nagarwal Vs. State and Ors.). 5]- S.B. CIVIL WRIT PETITION NO.11314/2009 (Smt. Kamla Gurjar Vs. State and Ors.). DATE OF ORDER : 18.12.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. Sandeep Shah for the petitioner. Mr. A.S. Rathore for the respondents. Counsel for the parties are in agreement that the issue involved in this petition for writ is squarely covered by the judgment of this Court in the case of Bhagwanti Jeengar & anr. vs. State of Rajasthan and ors. (SBCWP No.1899/2005) decided on 04.08.2006. In the case aforesaid, this Court held as follows: “The relaxation in educational qualification is granted to the divorced and widow women in pursuant to the proviso to Rule 11 of the Rajasthan Education Subordinate Service Rules, 1971 (hereinafter referred to as “the Rules of 1971”), that reads as under:- “Provided that the widows and Divorced Women will be given relaxation in qualification 2 of STC or B.Ed as the case may be for appointment to the post of Teacher or Senior Teacher they are otherwise eligible and furnish an undertaking to the effect that the qualification of STC or B.Ed as may be relevant shall be obtained within a period of three years. They shall also be eligible for grant of Study Leave soon after their appointment for acquiring the qualification of STC or B.Ed.” From reading of the proviso above, it is clear that it nowhere restricts a widow or a divorced lady from getting study leave if she do not acquire required qualification within a period of three years. The grant of study leave is not at all dependent to the period prescribed for acquiring the eligibility. As such I do not find any just and valid reason to deny study leave and other consequential benefits to the petitioners. “ In the instant matter too, the respondents are not allowing study leave to the petitioner and also are not giving benefits of revised pay scale with all annual grade increments on the count that the petitioner failed to acquire the qualification concerned within a period of three years. In view of the law laid down by this Court in the case of Bhagwanti Jeengar (supra), the study leave is not at all dependent to the period prescribed for acquiring the eligibility. 3 Accordingly, this petition for writ is allowed. The respondents are directed to sanction study leave to the petitioner and also to make fixation of the petitioner's in the revised pay scales. The petitioner is also declared entitled forgetting annual grade increments in accordance with the Rules, if she is not otherwise dis-entitled. (GOVIND MATHUR)J. Anil/