MAHENDAR KUMAR GOYAL, J. - (1.) This Larger Bench has been constituted on a reference made in pursuance of the order dated 09.01.2020 passed by a Division Bench of this Court in D.B. Civil Writ Petition No.16344/2018, Anita Sharma and Ors. vs. State and Ors. and two connected matters viz. D.B. Civil Writ Petition No.18286/2018, Yogendra Malviya vs. State and Anr. and D.B. Civil Writ Petition No.27508/2018, Seema Gupta vs. State and Anr.
(2.) The aforesaid Writ Petitions came to be filed challenging inter alia, the validity of the Notification dated 22.12.2015 issued by the Government of Rajasthan in Department of Personnel whereby, the existing Rule as mentioned in column no.3 against each of the Service Rules as mentioned in column no.2 of the schedule appended thereto, has been substituted by the Rajasthan Various Service (II Amendment) Rules, 2015 in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India. The Notification reads as under: "2. Substitution of Rule - The existing Rule as mentioned in column number 3 against each of the Service Rules as mentioned in column number 2 of the schedule appended hereto, shall be substituted by the following, namely:- "Reservation of vacancies for women.- Reservation of vacancies for women candidates shall be 30% category wise in the direct recruitment, out of which one third shall be for widows and divorced women candidates in the ratio of 80:20. In the event of non availability of eligible and suitable candidates, either in widow or in divorcee, in a particular year, the vacancies may first be filled by interchange, i.e. vacancies reserved for widows to the divorcees or vice versa. In the event of non availability of sufficient widow and divorcee candidates, the unfilled vacancies, shall be filled by other women of the same category and in the event of non availability of eligible and suitable women candidates, the vacancies so reserved for them shall be filled up by male candidates of the category for which vacancy is reserved. The vacancy so reserved for women candidates shall not be carried forward to the subsequent year. The reservation for women including widows and divorcee women shall be treated as horizontal reservation, within the category, i.e. even the women selected in general merit of the category shall first be adjusted against the women quota. Explanation: In the case of widow, she will have to furnish a certificate of death of her husband from the Competent Authority and in case of divorcee she will have to furnish the proof of divorce."
(3.) The Division Bench of this Court has, vide its order dated 09.01.2020, observed as under: "In the earlier case decided by Division Bench of this Court vide order dated 2.11.2015, the inter-changeability of reservation of the widow and divorcee category candidates was held to be justified and thereafter, the Notification-in- question was issued by the State. We are of the opinion that question involved in the present case requires to be dealt by a Larger Bench." ;