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2026 Supreme(Raj) 618

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
PUSHPENDRA SINGH BHATI, SANDEEP SHAH
State Of Rajasthan, Through The Secretary Department Of Medical And Health – Appellant
Versus
Uganta Kanwar, W/o. Shri Mukesh Singh – Respondent


Advocates Appeared:
For the Appellant : Mr. Narendra Singh Rajpurohit, AAG assisted by Ms. Aditi Sharma, AAAG
For the Respondent: Mr. Yashpal Khileree Mr. Vikas Bijarnia with Mr. Punit Choudhary Mr. Sushil Bishnoi Mr. Lucky Rajpurohit Mr. Puna Ram Sen

JUDGMENT :

1. The present controversy arises out of Advertisement No. F-109(8)/SIHFW/MH-Recruit/FHW/2023/4850 dated 19.05.2023, Health Worker Female, where the respondents succeeded on merits in the EWS category but were denied appointment on the ground that married women candidates cannot be given the benefit of the EWS category. All the impugned orders have been passed on issues which are already covered by the judgment passed in S.B. Civil Writ Petition No. 7512/2022, Aman Kumari vs. State of Rajasthan & Ors., decided on 21.09.2022, which reads as follows:

“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 that the advertisement dated 31.12.2021 was issued by the respondents for recruitment to the post of Teacher Grade- III (Level-I). The respondents had, inter-alia, prov

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