Dismissed

Guddi Kumari Bhoi v. State of Rajasthan

Rajasthan HC11 Aug 2023CW/12692/2018

Case brief

AI extract

What is this about?

Petitioner, who became a widow after appearing for REET but before applying for recruitment via a separate TSP Area notification, sought benefits of the widow category. The Court held that she remains ineligible as no relaxation in minimum marks was available for widows.

What did the court decide?

Writ petition and stay application dismissed.

Guddi Kumari Bhoi Vs State of Rajasthan — Service and Employment | Rajasthan HC (2023)

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[2023:RJ-JD:25176]

[CW-12692/2018]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 12692/2018

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Guddi Kumari Bhoi W/o Late Shri Prakash Chandra Ji Bhoi D/o Roop Lal Bhoi, Aged About 31 Years, Sonar Mata Road, Bhoiwada, Salumber, District Udaipur (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary To The Government, Department Of Rural Development And Panchayati Raj, Secretariat, Jaipur

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The Director, Department Of Primary Education, Government Of Rajasthan, Bikaner

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The Deputy Director (Panchayati Raj), Department Of Primary Edcuation, Government Of Rajasthan, Bikaner

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The Board Of Secondary Education Rajasthan, Rajeev Gandhi Vidhya Bhawan, Civil Lines, Ajmer, Through Its Secretary-Cum-Coordinator, Rajasthan Eligibility Examination For Teachers (Reet) 2017

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----Respondents

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For Petitioner(s) : Mr. Sanjay Nahar with Mr. Pushkar Taimini For Respondent(s) : Mr. Pankaj Sharma, AAG with Mr. Deepak Chandak Mr. Rakesh Arora with Mr. Naresh Singh

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JUSTICE DINESH MEHTA

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Order

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11/08/2023

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By way of present writ petition, the petitioner who hails from a TSP area has prayed that her candidature for Teacher Grade III Level II for subject Social Study be ordered to be treated under ‘Widow category’ and consequential reliefs be granted.

[2023:RJ-JD:25176]

[CW-12692/2018]

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The facts relevant do not need elaborate discussion. For the recruitment to the post of Teacher, State level examination known as Rajasthan Eligibility Examination for Teachers (REET) is conducted by the Board of Secondary Education, Rajasthan in pursuance to the notification/guidelines issued by National Council for Teacher Education.

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The petitioner appeared in REET, 2017 notified by the Advertisement No.01/2017 and secured 87 marks. She was not found eligible for the purpose of recruitment to the post of Teacher as the requisite minimum marks for her category i.e. ‘General Women’ even in TSP Area were 90.

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The petitioner whose marital status was ‘married’ at the time of appearing in REET, 2017 unfortunately, lost her husband on 21.01.2018.

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Thereafter, she tried to submit her application form for the purpose of Teacher Grade III Level II subject Social Science pursuant to recruitment Notification No.8/2018 dated 31.07.2018 issued for TSP Area requesting the respondents to consider her category as ‘Widow’ in light of changed circumstances. However, she was not allowed to submit the form as ‘Widow’.

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By way of interim order dated 23.08.2018, the petitioner was permitted to fill her offline application form, which the petitioner claims to have done.

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Learned counsel for the petitioner argued that admittedly, on the last date of submitting application form i.e. 25.08.2018, the petitioner fell under ‘Widow Category’ from TSP Area and, therefore, her candidature should have been considered as such,

[2023:RJ-JD:25176]

[CW-12692/2018]

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irrespective of the fact that she has been declared ‘not eligible’ in the REET, 2017.

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Mr. Pankaj Sharma, learned Additional Advocate General appearing for the State submitted that since petitioner was declared not eligible in the REET, 2017 result, the fact that the petitioner has become widow after such date cannot be of any significance, inasmuch as, the recruitment pursuant to the advertisement dated 31.07.2018 was to be undertaken on the basis of REET, 2017 in which, the petitioner was declared ‘not eligible’.

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It is also not in dispute that the petitioner’s husband had passed away on 21.01.2018 i.e. before issuance of the recruitment notification dated 31.07.2018. Therefore, on the last date of submitting application form for the post advertised, the petitioner’s status as a widow candidate from TSP Area, is not in dispute.

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Even if the petitioner’s candidature is considered as a widow candidate, than also she having secured 87 marks remains ineligible because no relaxation was available to widow candidate. Though, there was a reservation for seats, but without any relaxation in the minimum marks. The minimum marks required to be obtained by a candidate including widow not being from reserved category was 90 marks, whereas, petitioner has secured 87 marks.

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This being the position, in spite of the declaration that the petitioner’s case ought to have been considered as a widow candidate, the petitioner is not entitled to secure appointment.

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The petition is, therefore, fails.

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[2023:RJ-JD:25176]

[CW-12692/2018]

The stay application also stands dismissed accordingly.

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(DINESH MEHTA),J

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646-Arvind/-

Guddi Kumari Bhoi v. State of Rajasthan

Case brief

What is this about?

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Guddi Kumari Bhoi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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