[2026:RJ-JD:12667]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 19255/2025 Manju Agarwal D/o Ballabh Ram Agarwal, Aged About 44 Years, Ram Nagar Colony, Behind Neb, Near Saraswati School, Alwar ----Petitioner Versus

1. State Of Rajasthan, Through Its Director, Secondary Education, Bikaner.

2. Joint Director, School Education (Jodhpur Division), Opposite Ratanada Police Lines, Jodhpur (Raj.)

3. Chief Block Education Officer (C.b.e.o), Bhopalgarh, District Jodhpur ----Respondents For Petitioner(s) : Mr. Jitendra Singh Bhaleria For Respondent(s) : Mr. N.K. Mehta HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

17/03/2026

1. By way of filing the present writ petition, the petitioner has prayed for the following reliefs:-

“In conspectus of the aforesaid state of facts it is humbly prayed that this Honorable Court may be pleased to accept and allow this writ petition and A. Issue an appropriate writ order or direction, quashing and setting aside the impugned order dated 29.8.2025 (Annexure-12) and

30.8.2025 (Annexure-14).

B. Issue and an appropriate writ, order or directing the respondents to reinstate the petitioner along with a direction for payment of all consequential benefits along with interest @ 18% p.a.

C. And pass any other order which this Honorable Court deem fit and proper in facts and circumstances of the case in favor of the Petitioner.

D. Award Cost of Petition”

2. Having heard learned counsel for the parties and upon perusal of the material available on record, this Court finds that the petitioner was appointed to the post of Senior Teacher (Social Science) vide order dated 24.02.2024 issued by the Divisional Joint Director, School Education, Jodhpur, against a post reserved for “widow /divorcee candidates”.

3. Pursuant to the appointment order dated 24.02.2024 (Annexure-3), the petitioner joined her services on a probation basis at Government Senior Secondary School, Budkiya, Bhopalgarh, Jodhpur. While serving on the said post, she was served with a notice dated 10.06.2025 (Annexure-5) alleging that, at the time of appearing in the competitive examination for the post of Senior Teacher (Social Science), she had furnished incorrect information regarding the number of her children.

4. As per the notice dated 10.06.2025 (Annexure-5), although the petitioner had three children, she had stated in her application and supporting documents that she had only two children. Upon receipt of the said notice, the petitioner submitted a detailed explanation denying any misrepresentation of facts in securing the appointment. In her reply petitioner stated that as per the conditions mentioned in the divorce decree dated 19.11.2019 (Annexure-1) passed by competent Family Court, she has custody of her two children whereas one child is born out of her wedlock with Shri Rajendra is living with his father. On these grounds, she requested that notice dated 10.06.2025 (Annexure-5) be withdrawn. However, Divisional Joint Director, School Education, Jodhpur, vide order dated 29.08.2025 (Annexure-12), terminated the services of the petitioner from the post of Senior Teacher (Social Science) on the ground that she had submitted an incorrect affidavit regarding the number of her children to secure appointment.

5. Before perusing further Rule 29(4) proviso (v) of the Rajasthan Educational (State and Subordinate) Service Rules, 2021 (hereinafter referred as Rules of 2021) is reproduced below for ready reference:-

“(4) No candidate shall be eligible for appointment to the service who has more than two children on or after 1st June, 2002.

“Provided that,-

(i) the candidate having more than two children shall not be deemed to be disqualified for appointment so long as the number of children he/she has on 1st June, 2002,does not increase.

(ii) where a candidate has only one child from earlier delivery but more than one child are born out of a single subsequent delivery, the children so born shall be deemed to be one entity while counting the