- (1.) ISSUE notice as to why this petition for writ be not admitted. Shri Mahendra Choudhary accepts notice on behalf of respondents. Looking to the narrow amplitude of controversy involved in this petition for writ, the petition is being finally heard today itself.
(2.) IN brief, facts of the case are that the respondents initiated process of selection for appointment to the post of Teacher Gr.III (Level-I) by holding a competitive test in the name of "IIIrd Grade Teacher Direct Recruitment Competitive Examination 2011". The petitioner submitted her on-line application form on 23.3.2012. In the application form aforesaid she mentioned her marital status as "married" and while appearing in examination she referred her marital status as "widow" in the OMR sheet, however, the respondents while relying upon the facts submitted online treated her application in the category of "women belonging to Other Backward Class", but not as widow. No correction with the facts averred was possible as the forms were accepted online. The resultant is that the petitioner failed to be considered under the category to which she belong. It is pointed out by learned counsel for the parties that a petition for writ based on similar facts has already been disposed of by Jaipur Bench of this Court. A photo-state copy of the judgment given in the similar matter i.e. S.B. Civil Writ Petition No.9511/2012 (Smt. Anita Gupta Vs. State of Rajasthan & Ors.) is also made available for the perusal of Court. In the case of Anita Gupta (supra) a coordinate bench of this Court held as under:- "Since two posts were simultaneously advertised and application form was also common, they committed bona fide error as the applications were filled on-line. Petitioners said to have taken help of others being not acquainted with on-line system. They made request to change their post and one of the petitioners even mentioned correct post while submitted OMR sheet. Looking to all these facts, respondents were expected to consider their representations." This Court in Savita Budania v. State of Rajasthan & Ors., SBCivil Writ Petition No.9062/2012, decided on 4.9.2012, while dealing with the similar controversy held as under:- "From perusal of the documents Annex.-5 and Annex.-6, it is apparent that the petitioner with quite diligence rectified the error committed by her. While availing examination also she mentioned her special category as an "Extra-ordinary Sportsman" in OMR sheets. The respondents, therefore, should have condoned the error and should have considered her candidature in the category of "Backward class (woman)" with the special category of "Outstanding Sportsman". The respondents while making recruitment may avail assistance of technology but at the same time a human approach is also require to be kept in mind. The object of holding competitive test is to have best available hand and in this process merit should not be compromised just for the reason that the mechanical procedure adopted do not support the manual exercise. In the cases, if the human error is rectified with all diligence at earliest possible, a condonation of error is desirable. The total ignorance of such rectification results into hardship and arbitrariness only. The non-consideration of the petitioner under her special category despite necessary correction at the earliest is highly unjust and arbitrary, as such is in violation of Article 14 of the Constitution of India." (Emphasis given) It is not in dispute that the petitioner while submitting application form was widow and, therefore, her right category for consideration for appointment as Teacher Grade-III is "widow belonging to Other Backward Class". Suffice to mention here that in Smt. Jamna Rajpurohit Vs. State of Rajasthan, (S.B. Civil Writ Petition No.8899/2012) decided on 29.08.2012, this Court directed the respondents to consider cases of the married women whose husband died after submission of application forms under the category of widow. As such, the petitioner too deserves to have necessary corrections in the application form. Accordingly the petition for writ is allowed. The respondents are directed to consider candidature of the petitioner for the purpose of appointment as Teacher Grade-III under the category of "widow belonging to Other Backward Class". If she stands in merit, appointment be accorded to her, if otherwise found eligible. ;