- (1.) UNDER the advertisement dated 31.5.2011 the Rajasthan Public Service Commission invited applications from eligible candidates for the purpose of appointment to the post of Teacher Grade-II in the subjects of Mathematics, English, Science and Social Science. Considering themselves eligible to be considered for appointment as Teacher Grade-II the petitioners submitted online applications to face the process of selection. After submission of application forms the petitioners unfortunately lost their husband due to their untimely death. A request was made by the petitioners to consider their candidature for the purpose of appointment to the post of Teacher Grade-II against the vacancies earmarked for widows. On getting no positive relief, these petitions for writ were preferred.
(2.) THE submission of learned counsel for the petitioners is that the petitioners are admittedly widows and such an unfortunate event is required to be considered by the respondents while making appointment to the posts concerned. It is asserted that the object to earmark certain vacancies for widows is nothing but an effort to rehabilitate and empower them by providing employment. The consideration of the petitioners shall be nothing but satisfaction of the object for earmarking the vacancies. Learned counsels to substantiate their contention placed reliance upon a Single Bench judgment of this Court in Ms. Jamna Rajpurohit v. State of Rajasthan & Ors., SBCivil Writ Petition No.8899/2012, decided on 29.8.2012. In the case aforesaid while dealing with the similar circumstances a coordinate Bench of this Court held as under:- "It is true that the petitioner applied for consideration of her candidature for recruitment on the post of Teacher Grade-III (Second Level) under the General category because on the date on which she filled up her form her husband was alive and, later on, admission card was issued to her for appearing in the written-examination and, in pursuance of that, she appeared in the written-examination on 02.06.2012. Unfortunately, her husband died on 18.06.2012, therefore, immediately the petitioner preferred representation to the respondents for changing her category from General to Widow; but, the prayer of the petitioner was rejected ostensibly in view of clause 19(1) of the advertisement. It is not in dispute that the petitioner applied under the General category but it is also correct that before declaration of result her husband died on 18.06.2012 which is a natural calamity. Therefore, obviously the fact of death of petitioner's husband was to be considered by the authorities of the welfare State in view of the fact that women fall under the weaker section of the society as per Article 16 of the Constitution of India. The petitioner is only asking for considering her candidature for appointment as Teacher Grade-III (Second Level) under the "Widow" category as per her merit in the written-examination. In my opinion, the decision has not been taken by the authority concerned objectively because the respondents themselves are changing category at their own for the candidates belonging to SC/ST/OBC to General category if they secure marks to compete as per their merit with General category and considering those reserve category candidates under the General category; meaning thereby, the candidates belonging to SC/ST/OBC category are getting benefit of change of category from reserve class to General if found meritorious, then, same analogy can be put into operation for young widows also. Further, it is important to take judicial note of the fact that unlike other reserve categories the status falling under the "Widow" category purely rests upon happening of an event in the course of life of a woman and no sooner husband of a woman dies she is rendered widow for all purposes including her consideration for employment purposes under the widow category and denial shall rather render the proceedings vitiated and violative of the Constitutional provision. Therefore, the concerned authority was under obligation to exercise its power for granting relief to the petitioner. However, it has not been done in this case." In the instant matter too the petitioners became widows after submitting the application forms but before completion of process of selection. As such, their case is also required to be treated in accordance with the law laid down by this Court in the case of Ms. Jamna Rajpurohit (supra). Accordingly, these petitions for writ are allowed. The respondents are directed to consider case of the petitioners for the purpose of appointment as Teacher Grade-II under the category of "Widow" beside their other ordinary categories. If the petitioners stand in merit, appointment be accorded to them in accordance with law.;