A married woman must provide a caste certificate based on her father's details to qualify for reservation in public employment, as per the advertisement's requirements.

JUDGMENT :

1. By way of filing the instant writ petition, the petitioner has assailed legality and validity of order dated 23.10.2013, whereby his candidature for the post of Teacher Grade-III has been rejected by the respondents. She has further prayed for a direction against the respondents to appoint her on the post of Teacher Grade-III pursuant to selection list prepared by the respondents by treating her eligible candidate under SBC women category.

2. The facts, which are relevant for the purpose of adjudication of the instant writ petition, are that the petitioner claims to posses qualification of Senior Secondary, B.A., M.A., B.Ed. and also claim herself to be treating of Special Backward Class on the basis of Caste certificate issued by Tehsildar, Jhalrapatan dated 13.09.2010 and caste certificate issued by Section Officer Gadarwara District Madhya Pradesh dated 20.03.2010. Learned counsel for the petitioner submits that one advertisement 20.02.2012 was issued by Zila Parishad, Jhalawar. As per advertisement, there were total 224 vacancies for the post of Teacher Grade-III (Level-1) and 1465 vacancies for Teacher Grade-III (Level-2). It was also prescribed in the advertisement that reservation shall be admissible for the respective categories in accordance with the Rules.

3. Learned counsel for the petitioner has submitted that being eligible the petitioner applied pursuant to aforesaid advertisement, After undergoing the process she secured total 114.78 marks in the recruitment examination. As per the petitioner, her marks were more than cut of marks declared for SBC category, therefore, she was entitled to be appointed pursuant to aforesaid advertisement. However, in arbitrary manner, her candidature has been rejected by the respondents vide letter dated 23.10.2013 only on the ground that as per terms and conditions of the Advertisement a woman candidate applying in the category of Backward Class/Special Backward Class must submit the application on the basis of residence of her father, for which she was required to submit latest certificate issued by the competent authority, which should not be older than six months from the date of advertisement, failing which benefit of reservation shall not be admissible. Caste certificate issued on the basis of details of husband of female candidate shall not be admissible. Since, as the certificate produced by the petitioner with the details of her father relates to M.P. State and the caste certificate supplied with the details of her husband, although, belongs to Rajasthan State, yet the same was not admissible. Under such circumstances, she would be treated a candidate from Unreserved General Category and cut of marks of Unreserved Category as declared by the respondents were 145.89. Hence, the petitioner has secured lesser marks than the cut of marks of general category, therefore, shall not be entitled for selection.

4. Learned counsel for the petitioner would submit that the respondents have misread the condition with regard to reservation as prescribed in the advertisement. All the sub-clauses of condition No.8, which relates to reservation are required to be read in entirety and conjoint reading of all the sub-clause would make it clear that in case the candidate is bonafide resident of the State of Rajasthan only then she would be treated as a reserved category candidate irrespective of belonging to any reserved category such as SC, ST, OBC and SBC.

5. Learned counsel for the petitioner has indicated that she also possesses bonafide resident certificate issued by Sub-Divisional Magistrate, Jhalawar (Rajasthan), therefore, in view of sub-clause (vi) of Clause 8 she was entitled to be treated as reserved category candidates from SBC category and on account of getting higher marks i.e. cut of marks in such category, she has a legitimate right to be appointed. The action of the respondents is prejudicing her rights and the rejection order is liable to be quashed and set aside an