ORDER :

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.15497/2023, while treating the same as a lead case, rival submissions of the parties and the observations of the Court, in the present order, would also be based, particularly, on the factual matrix of the lead case.

1.1 The prayer clauses read as under :-

"I. By an appropriate writ, order or direction, to quash and set aside the selection / appointment list dated 10.09.2023 (annexure-11) being arbitrary, unjust and illegal and violates the fundamental rights of the petitioner.

ii) By an appropriate writ, order or direction, the respondents may kindly be directed to issue afresh selection list while selecting remaining 05 candidates belongs to ST-TSP (Divorcee) Category.

iii) By an appropriate writ, order or direction, the respondents may kindly be directed to offered appointment to the petitioner on the post of Teacher Level 1st (General Education) in pursuant to advertisement bearing no.12/2022 dated 16.12.2022 (Annexure-03) with all consequential benefits.

iv). Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner.

IV. Costs of the wit petition may kindly be awarded to the petitioners."

2. Learned counsel for the petitioner submits that the petitioners are belonging to ST-TSP (Divorcee / Widow) category. The petitioners have participated in the Rajasthan Eligibility Examination of Teachers Level I & II (hereinafter to be referred as 'REET-2022').

3. Learned counsel for the petitioner has drawn attention of this Court towards the Clause 6 of the advertisement dated 12.04.2022, which relates to minimum passing mark for REET2022 and sub-Clause-II of the Government circular dated 29.08.2012 for the scheduled area, which stipulates 36% minimum passing mark for such candidates belonging to scheduled tribe. When the recruitment process started for Teacher Grade-III Level I & II (General and Special Education) in TSP area, an advertisement was issued on 16.12.2022 and the bone of contention has arisen out of the following clause in the advertisement dated 16.12.2022 :-

jkT; ljdkj ds vkns'k i=kad%& ia- 7¼13½ izkf'k@vk;ks@2019 t;iqj] fnukad 16- 12-2020 ds vuqlkj jktLFkku izkkFkfed fo|ky; v/;kid lkekU;@fo'ks"k f'k{kk ¼ysoy izFke] d{kk 1 ls 5 rd½ lh/kh HkrhZ&2022 ds lEcfU/kr oxZokj inksa gsrq eq[; ijh{kk esa 'kkfey gksus ds fy, vH;FkhZ dks jktLFkku v/;kid ik=rk ijh{kk&2021 vFkok jktLFkku v/;kid ik=rk ijh{kk&2022 ds ysoy&izFke esa fuEukuqlkj U;wure izkIrkad izfr'kr vftZr djuk vfuok;Z gksxk%&

4. Learned counsel for the petitioner submits that for ST -TSP category, the qualifying marks were 36% whereas for all the categories of widow, divorcee and ex-servicemen, a general rule of 50% minimum qualifying marks has been stipulated.

5. Learned counsel for the petitioner further submits that the petitioners cannot be deprived of the relaxation of 36% minimum marks in the REET-2022, which is already available to the petitioners, who are ST -TSP category, although the next classification in the advertisement brings t