- (1.) BY this petition for writ, the petitioner is claiming for a direction to get her candidature considered for the purpose of appointment as Teacher Grade-III Level-II in the subject of Social Studies against the vacancies reserved in District Udaipur for Scheduled Tribes of Tribal Sub-Plan Area.
(2.) THE factual matrix necessary to be noticed for adjudication of this petition for writ is that the Zila Parishad Udaipur under an advertisement dated 27.02.2012 invited applications from the eligible candidates to be considered for appointment as Teacher Grade-III (Level-II). An application in pursuant thereto was submitted by the petitioner and after facing the process of selection, she secured 86.07 merit marks. No appointment was accorded to her, though the respondents fixed 71.49 marks as cut-off marks for women candidates belonging to Scheduled Tribes in Tribal Sub-Plan Area. Being aggrieved by the same, this petition for writ is preferred. It is submitted by learned counsel for the petitioner that as per the notification issued by the Governor of Rajasthan exercising powers under Clause 1 of Article 244 of the Constitution of India, 45% of total vacancies in the districts of Tribal Sub-Plan Area are required to be filed in from among the local resident Scheduled Tribes. The petitioner is a bonafide resident of Tehsil Kherwada in District Udaipur, therefore, her candidature should have been considered against the vacancies reserved for Scheduled Tribes (Women) belonging to Tribal Sub-Plan Area of District Udaipur.
(3.) PER contra, according to the respondents, the petitioner though is resident of Tehsil Kherwada, District Udaipur by birth, but after marriage, she is residing in District Dungarpur, therefore, her candidature cannot be considered against the vacancies pertaining to Tribal Sub-Plan Area of District Udaipur. Heard learned counsel for the parties. The Governor of Rajasthan while exercising powers under Clause (1) of Article 244 of the Constitution of India notified that in the specified Scheduled areas, 45% of total vacancies pertaining Government services, except State services, shall be filled in from among the members of the local Scheduled Tribe communities and if the recruitment is to be made on divisional level, then vacancies are required to be computed at division level and 45% of that is required to be filled from among the member of local Scheduled Tribes. In the event of recruitment at district level, the vacancies are required to be determined on district level by ear-marking reservation upto 45% for local resident Scheduled Tribes.;