1. - The matter is listed on application seeking early listing of the writ petition, however, with the consent of learned counsel for both the parties, the matter is heard finally.

2. The petitioner applied for the post of Teacher Gr.III in the category of divorce woman. The benefit of the category has not been given, thus writ petition was filed to challenge the order dated 27.08.2008.

3. It is stated that rule does not bifurcate quota of Divorce (Female) on the ground of divorce, thus only ground taken by the respondents to deny the benefit of quota is not tenable.

4. Learned counsel for the respondent/s submits that only reasons to deny benefit of Divorce (Female) quota is that petition for divorce was filed by the husband on the ground of cruelty.

5. I have considered the submissions made by learned counsel and find that so far as rules and advertisement are concerned, benefits have been given in favour of Divorce (Female). In the rules and advertisement, the aforesaid quota is not with the condition that divorce should have been taken by the wife or to indicate that if divorce is taken by the husband on the ground of cruelty, then benefit would not be extended.

6. In absence of rule to clarify the aforesaid, benefit cannot be denied on the ground given in the order at Annex.5. Accordingly, the order aforesaid is set aside to the extent indicated above.

7. The writ petition is allowed. The respondents are directed to consider the case of petitioner and if she finds place in merit and otherwise eligible for appointment, then she may be given appointment on the post of Teacher Gr.III.Petition Allowed.

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