Point of Law: Citizenship as per Constitution is one and, therefore, matrimony cannot be a detrimental factor to a lady only on account that she has changed area.

JUDGMENT :

1. Since all the instant petitions involve a common controversy, though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts and the prayer clauses are being taken from the above-numbered S.B. Civil Writ Petition No.9304 of 2020, while treating the same as a lead case.

2. The prayer clauses read as under:

“(i) by an appropriate writ or direction the respondents may be directed to allow the petitioner to participate in the process of Teacher Grade-III, Level-II subject English Recruitment, 2018 for the post of Teacher Grade-III, Level II in pursuant to advertisement no.02 of 2018 dated 31.07.2018 (Annexure-2) and if petitioner come into the merits than appointment may be granted to the petitioner on the post of Teacher Grade-III, Level-II subject English.

(ii) By an appropriate writ order or direction, that the respondents may kindly be directed to consider Special TSP Certificate for the post of Teacher Grade III, Level II subject English in pursuance of the Advertisement No.02 of 2018 dated 31.07.2018 (Annexure-2)

(iii) Any other appropriate order which is deemed just and proper in the facts and circumstances of the case may kindly be also passed in favour of the petitioner.”

3. Brief facts of the case, as placed before this Court by learned counsel for the petitioner in the lead case, are that the Directorate, Primary Education, State of Rajasthan issued two notifications No.01 of 2018 & 02 of 2018, both dated 31.07.2018, in relation to recruitment for the post of Teacher Grade III Level II under the Rajasthan Panchayati Raj Act, 1994 and the Rajasthan Panchayati Raj Rules, 1996; notification No.01 of 2018 was pertaining to Non-TSP Area, while notification No.02 of 2018 was pertaining to TSP Area; vide both the said notifications, online applications for the aforementioned post were invited from the eligible candidates of the respective area; the last date, as stipulated in the notifications, was 25.08.2018, for filling the online application form; being an eligible candidate, the petitioner applied for the said post.

4. At the time of filling up the application form, the petitioner being the domicile resident of Non-TSP Area, applied for the post in question in the category of Non-TSP Area, although in the year 2013 i.e. prior to issuance of the notification, she got married to one Lokesh Joshi, who was resident of TSP Area, and thus, has been residing with him thereat, since then. And that, on count of her domicile status at the time of filling up the application form for the post in question, the petitioner was also not issued the Special Bonafide Certificate (TSP Certificate), and therefore, she was having no option, but to apply for the post in the category of Non-TSP Area.

5. However on 21.10.2019, the State Government issued a notification, whereby it has been notified that after marriage of a person, with a person of TSP Area, the said person shall be treated as bonafide resident of TSP Area, with effect from 16.06.2013; whereupon the petitioner applied for the TSP Certificate, and the same was issued to the petitioner by the competent authority.

6. Upon obtaining the requisite TSP Certificate, the petitioner approached the competent authority (respondents) to consider her candidature for the post in question, while treating her to be a candidate of TSP Area, on the strength of the TSP Certificate so issued by the competent authority, but the necessary consideration was not made by the respondents; aggrieved whereby, the instant petition has been preferred before this Hon’ble Court, claiming the aforementioned reliefs.

7. Learned counsel for the petitioners submit that despite the issuance of the aforementioned State Government Notification dated 21.10.2019, which was made applicable retrospectively, i.e. w.e.f.16.06.2013, as also undisputed factum of issuance of the TSP Certificate, and the fact that the petitioners are otherwise eligible, su