ORDER :

1. Appellant-State has filed the appeal challenging the order dated 27.11.2019 passed by the learned Single Judge, whereby, writ petition filed by the respondent was allowed.

2. We have heard learned State counsel and have gone through the record available on the file carefully.

3. Respondent had filed the writ petition alleging that she had applied for the post of Lower Division Clerk in view of the advertisement issued in the year 2013. Husband of the respondent had died in the year 2010 and she had applied in the OBC widow category post. Respondent had all the necessary qualifications. Respondent was also having additional qualification of Computer Certificate Rajasthan State Certificate In Information Technology examination. Respondent was called for document verification in April 2014, however, she was not issued the posting order. The cut-off of OBC widow category as published by the appellants was 26.277%, whereas, the respondent had secured 32.9% marks.

4. It was the case of the appellants that the respondent had not acquired the Rajasthan State Certificate In Information Technology certificate up to the last date of examination for the post of L.D.C. Respondent had acquired the certificate in September 2014.

5. Learned Single Judge while allowing the writ petition has placed reliance on the decision of Division Bench of this court in D.B. Civil Writ Petition No. 13268/2015 decided on 11.02.2016 along with other connected matters. Operative portion of the order dated 11.02.2016 reads as under:—

“As regards the submission made by petitioners' counsel in relation to requisite qualification of which they have made reference of certain similar like provisions of R.11 of the Rajasthan Educational Subordinate Service Rules, 1971 & the amendment made& also R.266-A of the Rajasthan Panchayati Raj. Rules, 1996, we consider it appropriate to quote as under:—

R.11 of the Rajasthan Educational Subordinate Service Rules, 1971

11. Academic and Technical qualification and Experience- A candidate for direct recruitment to the posts enumerated in the Schedule shall in addition to such experience as is required, possess-

(i) the qualification given in column 4 of the Schedule, and

(ii) working knowledge of Hindi written in Devnagri script and knowledge of Rajasthani culture.]

[Provided that the Widows and Divorced Women will be given relaxation in qualification 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.

Amendment of Rule 11.- The existing proviso to rule 11 of the Rajasthan Educational Subordinate Service Rules, 1971, shall be substituted by the following namely:—

“Provided that the widows/divorced women who have been given appointment on the post of Teacher or Senior Teacher after relaxing the required qualification of B.S.T.C. or B.Ed. shall be regularized from the date they acquire the required qualification of B.S.T.C. or B.Ed., as the case may be. They shall also be eligible for grant of study leave for acquiring the qualification of B.S.T.C. or B.Ed.”

R.266-A of the Rajasthan Panchayati Raj. Rules, 1996

[R.266-A:—Notwithstanding anything contained in these rules, the widow/divorcee women, who have been given appointment on the post of teacher after relaxing required educational qualification of B.S.T.C./B.Ed. under the erstwhile proviso to rule 266 shall be regularised from the date they acquire the requisite educational qualification.]

In the instant batch of petitions, Rule 16(1) of the Rules, 2015 of which validity is being assailed has been examined & upheld by the Division Bench of this Court at Principal Seat, Jodhpur in the judgment referred to supra and observed ad infra:—

“The Rule