ARUN MONGA
Nikhat Amin D/o Shri Aminuddin – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. The petitioner's grievance, inter alia, arises from the non-consideration of her candidature for the appointment to the post of Teacher Grade III Level II in Urdu, in the general (female) category meant for widows/divorcees. Pleaded case is that she has scored more marks than the joint cut-off meant for widow/divorcee category, as per the result declared by the Rajasthan Staff Selection Board/respondent no.4. Petitioner has applied for the post question in the divorcee category.
2. Succinct facts first, as pleaded in the petition:
2.1 The respondent recruitment agency issued an advertisement dated 16.12.2022 for Teacher Grade III Level II (Urdu). The petitioner, being eligible, applied for the said post under the female divorcee category.
2.2 The respondent recruitment agency issued a provisionally selected candidates merit list for document verification, and the petitioner was also called for the same. After document verification, the respondent recruitment agency published the result of finally selected candidates on 18.09.2023, along with cut-off marks of respective categories, wherein the petitioner was not included.
2.3 It is further contended that out of 711 advertised
Candidates participating in a selection process without objection cannot later challenge the process or its outcomes, establishing the principle of acquiescence.
The status of being divorced is imperative for applying in the 'Divorcee Female' category, and the last date of submission of application forms is crucial for determining eligibility.
Judicial discipline requires that conflicting decisions by co-equal benches be resolved by a larger bench to ensure legal certainty.
The main legal point established in the judgment is that the status of being divorced is imperative for a person to apply in the 'Divorcee Female' category, and the last date of submission of applica....
The court ruled that petitioners failed to demonstrate a common cause of action and selectively presented grievances, leading to the dismissal of their petition regarding the Teacher Grade III select....
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