Eligibility for reservations in recruitment must be determined as of the cut-off date for applications, and cannot be changed based on circumstances arising thereafter.

ORDER :

1. The present writ petition has been filed by the petitioner challenging the action of the respondents in not considering her candidature for appointment under the unreserved (widow) category for recruitment to the post of LDC.

2. The facts disclosed that the respondents issued an advertisement for the selection of LDCs vide advertisement dated 12.2.2013. The last date for submitting applications was 22.3.2013. The petitioner applied for the said post on 13.4.2013 under the category of Unreserved Female (General Female). The advertisement provided various reservations, including reservation for widows, and certain posts were earmarked for the Unreserved (Widow) category. The petitioner applied only under the Unreserved (Female) category and did not apply under the Unreserved (Widow) category as she was not entitled to do so. At the time of submitting the application, the petitioner’s husband was alive. Accordingly, the petitioner participated in the selection process for the General/Unreserved (Female) category only and not under the Unreserved (Widow) reservation.

3. During the selection process, the petitioner’s husband passed away on 19.12.2022. In the original selection list, she was not found meritorious either under the Unreserved/General (Female) category or the Unreserved/General (Widow) category. By communication dated 17.11.2022, the respondents decided to fill the unfilled vacancies in the selection process undertaken pursuant to the advertisement dated 12.02.2013. A candidate having 32.846 marks (as shown in Annexure-6) was selected under the Unreserved/General Widow category, whereas the petitioner had secured 52.739 marks. As she had higher marks than the selected candidate under the Unreserved (Widow) category, the petitioner submitted a representation dated 12.01.2023 requesting the respondents to change her category of consideration from Unreserved (Female) to Unreserved/General (Widow). When such a representation was not considered, the present writ petition has been filed.

4. The case of the respondents is that the petitioner had applied under the General/Unreserved (Female) category and was not entitled to avail reservation under the Unreserved (Widow) category as she was not meeting the eligibility criteria on the last date for submitting applications in 2013. Only upon the death of her husband on 19.12.2022, she gained the right to avail reservation under the Unreserved (Widow) category. This right to claim reservation arose subsequent to the last date for submitting applications. The petitioner cannot change her category during the selection process, particularly when she was not eligible to avail such reservation on the last date of submitting the application. Thus, the respondent prayed to dismiss the writ petition.

5. Heard the learned counsel for the for the parties.

6. The learned counsel appearing for the petitioner submits that though the petitioner had applied under the General/ Unreserved (Female) category, as she did not meet the criteria for availing reservation under the Unreserved (Widow) category because her husband was alive on the last date of the notification, such a beneficial policy ought to be extended to persons who become widows during the selection process due to unforeseen circumstances. Therefore, her category ought to have been changed for consideration under the Unreserved (Widow) category. In support of his case, the lear