IN THE HIGH COURT OF RAJASTHAN
ARUN BHANSALI, J.
Silochana - Petitioner
Versus
State of Rajasthan and Ors. - Respondents
S.B. Civil Writ Petition No. 8420 of 2023
Decided On : 02-08-2023
| Table of Content |
|---|
| 1. petitioner's marital status change request. (Para 1 , 2) |
| 2. arguments supporting wrongful marital status. (Para 3 , 4) |
| 3. legal precedent and court's examination. (Para 5 , 8 , 9 , 10 , 11) |
| 4. dismissal of petition for lack of merit. (Para 12) |
ORDER :
Arun Bhansali, J.
This writ petition has been filed by the petitioner seeking directions to the respondents to change the marital status of the petitioner as 'widow' instead of 'married woman' and consider the candidature of the petitioner in the category of widow for the post of Primary School Teacher (Level-1) for Direct Recruitment-2022.
2. It is, inter-alia, indicated in the petition that the husband of the petitioner had died on 08.10.2009. Whereafter the petitioner had applied for REET-2021, wherein she indicate her status as OBC Widow and again in REET 2022, she indicated her status as widow. Pursuant to advertisement dated 16.11.2022 (Annex.4) for Primary School Teacher (Level-1), the petitioner applied, however, due to inadvertence in the online application form (Annex.5), she indicated her marital status as married; based on which she was issued provisional E-admit Card and the mark-sheet was issued to the petitioner, wherein her status was shown as 'married'. Thereafter, when the result was declared on 26.05.2023 (Annex.7) and despite petitioner obtaining far higher marks than the cutoff of OBC widow and her roll number did not appear in the list of successful candidates, the petitioner became aware of the mistake committed and approached the respondent Board seeking correction in the category. However, as the respondents refused to change the category, the present writ petition has been filed.
3. Learned counsel for the petitioner made submissions that the mistake committed by the petitioner while filing up the online application form is apparent as her husband had died way back in the year 2009 and all along she had claimed her status as a widow. It was also only when the result was declared on 26.05.2023 (Annex.7) that the petitioner became aware of the mistake committed and immediately approached the respondents seeking correction in the category, however, the same has wrongly been refused.
4. Submissions have been made that the petitioner has obtained far higher marks meant for her category and, therefore, the rejection of her candidature by treating her married is not justified. Reliance has been placed on Suman Inaniyan v. State of Rajasthan and Anr. : S.B. Civil Writ Petition No.4465/2020 decided on 25.11.2020.
5. Learned counsel appearing for the Board made submissions that in the advertisement dated 16.12.2022 itself, the indications were made and opportunity was provided to the candidates to make the requisite corrections in the application form, however, as the petitioner failed to correct the mistake committed in the application form, in view of specific stipulation made in the advertisement, denying any correction in the category etc., the petitioner is not entitled to any relief. It was also submitted that in similar circumstances, this Court in Mamita Choudhary v. State of Rajasthan and Anr. : S.B. Civil Writ Petition No.9091/2020 decided on 09.10.2020 denied such a change by relying on the Division Bench judgment in Piyush Kaviya and Ors. v. The Rajasthan Public Service Commission and Ors. : D.B. Special Appeal (W) No.198/2018 and other connected matters, decided on 10.04.2018 and, therefore, the petition deserves dismissal. It was further submitted that as the judgment in the case of Suman Inaniyan (supra) does not take into consideration the binding Division Bench judgment in the case of Piyush Kaviya (supra), the same does not lay down correct law and, as such the petitioner cannot rely on the said judgment.
6. I have considered the submissions made by the counsel for the parties and have perused the material available on record.
7. It is apparent from the record that the petitioner, on account of mistake committed during filling up the
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