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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA
Seema Sapra Alias Seema Lamba, D/o. Gopal Das Sapra, W/o Late Satish Kumar – Appellant
Versus
State Of Rajasthan, Through Secretary, Rural Development And Panchayati Raj Department – Respondent
Order :
(REKHA BORANA, J.)
1. Counsel for the petitioner submits that the controversy in question rests covered by the judgment of a Co-ordinate Bench of this Court passed in Aman Kumari Vs. State of Rajasthan & Ors.; S.B. Civil Writ Petition No.7512/2022 & connected matter (decided on 21.09.2022).
2. Counsel for the respondent is not in a position to refute the above submission. However, he submits that if the petitioner files a representation, the respondent-authorities would definitely consider and decide the same in accordance with Aman Kumari’s case (supra) and if she is found to be covered by the said judgment, appropriate relief would be granted to her.
3. In Aman Kumari’ case (supra), it was observed and held as under:-
“These writ petitions have been filed by the petitioners aggrieved against Clause 12.2 (vi) of the advertisement dated 31.12.2021 for recruitment to the post of Teacher Grade-III(Level-I) in relation to providing reservation to candidates in EWS category.
Further relief has been sought that as the petitioners fall in merit in the EWS category, they may be accorded appointment on the post of Teacher Grade-III (Level-I).
It is, inter-alia, indicated in the petitions
The stipulation in the recruitment advertisement excluding women married in the State from EWS benefits is contrary to the EWS reservation scheme and the State's circulars.
Candidates may submit EWS certificates after the cut-off date if an affidavit confirming eligibility is provided, allowing for category changes during recruitment processes.
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