HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 7512/2022

Aman Kumari D/o Shri Jainarayan W/o Shri Ajit Singh, Aged

About 34 Years, Resident Of Village Bhojan, Tehsil Rajgarh,

District Churu.

----Petitioner

Versus

1.

The State Of Rajasthan, Through The Secretary,

Panchayati Raj Department, Rajasthan, Jaipur.

2.

The Director, Elementary Education, Bikaner.

3.

The District Establishment Committee, Zila Parishad,

Churu.

4.

The District Establishment Committee, Zila Parishad,

Jhalawar.

5.

The Chief Executive Officer, Zila Parishad, Churu.

6.

Payal Mittal D/o Hansraj Mittal, Through Chief Executive

Officer, Zila Parishad, Jhalawar.

----Respondents

Connected With

S.B. Civil Writ Petition No. 6937/2022

Pooja Rani D/o Shri Rajender Singh W/o Shri Rajveer, Aged

About 29 Years, Near Gogaji Temple, Ward No. 6, Rajgarh,

District Churu.

----Petitioner

Versus

1.

State Of Rajasthan, Through The Secretary, Panchayati

Raj Department, Rajasthan, Jaipur.

2.

The Director, Elementary Education, Bikaner.

3.

The District Establishment Committee, Zila Parishad,

Churu.

4.

The District Establishment Committee, Zila Parishad,

Jhalawar.

5.

The Chief Executive Officer, Zila Parishad, Churu.

6.

Payal Mittal D/o Hansraj Mittal, Through Chief Executive

Officer, Zila Parishad, Jhalawar.

----Respondents

For Petitioner(s)

:

Mr. Vikas Bijarnia.

For Respondent(s)

:

Mr. Pankaj Sharma, AAG with Mr.

Dhairyaditya Rathore.

HON'BLE MR. JUSTICE ARUN BHANSALI

(2 of 5)

[CW-7512/2022]

Order

21/09/2022

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, provided reservation for the

candidates belonging to EWS category, however, in Clause 12.2

(vi) pertaining to the reservation, it was, inter-aia, indicated as

under :-

“VI. ekuuh; loksZPp U;k;ky; }kjk flfoy vihy la[;k

8425@2013 jatuk dqekjh o vU; cuke mRrjk[k.M jkT; o vU;

esa ikfjr fu.kZ; fnukad 01-11-2018 ,oa ekuuh; mPp U;k;ky;

t;iqj }kjk Mh ch Lis”ky vihy la[;k 1116@2018 jkT; ljdkj

o vU; cuke eatw ;kno o vU; esa ikfjr fu.kZ; fnukad 18-09-2018

ds vuqlkj jktLFkku jkT; esa fookg mijkUr izokflr gqbZ vkjf{kr

oxZ ¼vkfFkZd :i ls detksj oxZ] vU; fiNM+k oxZ] vfr fiNM+k oxZ]

vuqlwfpr tkfr] vuqlwfpr tutkfr ,oa lgfj;k vkfne tkfr½ dh

efgyk vH;FkhZ dks muds oxZ ds vkjf{kr inksa dk ykHk ns; ugha

gksxk] vr% ,slh efgyk vH;fFkZ;ksa dks lkekU; oxZ ds vUrxZr

vkosnu djuk gksxkA”

(emphasis supplied)

The stipulation debarred, those woman candidates, who are

residents of the State due to marriage from getting the benefit,

inter-alia, of EWS category.

The petitioners applied and claimed their status as EWS and

as per provisional merit list, they were provisionally selected and

(3 of 5)

[CW-7512/2022]

called for document verification. However, in the final merit list,

though the petitioners had obtained marks higher than the cut-off,

their names were not reflected in the said list.

The petitioners made inquiry and were told that in terms of

the stipulation made in the advertisement Clause 12.2(vi) as the

petitioners were born outside the State and were married in the

State and despite falling within the EWS category, they were not

entitled to benefit of reservation and were treated in the General

category and the marks obtained by them were less than the

General category candidates, the petitioners have not been