- (1.) THIS petition has been filed challenging the communication dated 05.07.2013, sent by the University of Rajasthan, Jaipur, informing the petitioner that in spite of her admitted widowhood on 10.06.2013 i.e. between the declaration of result of Pre M.Ed. Entrance Test 2013 for admission into M.Ed. course on 02.05.2013 and the counseling between 17.06.2013 to 26.06.2013, she could not be considered for admission into M.Ed. course her merit notwithstanding in the quota reserved for widows. This on account of the fact that she had not participated in the counseling held between 17.06.2013 to 26.06.2013.
(2.) THE facts of the case are that the petitioner applied and appeared as a general category (women) candidate in Pre M.Ed. Entrance Test 2013 for admission into M.Ed. Course. Her roll number was 55219. Result of the said examination was declared on 02.05.2013. The petitioner secured 369 marks out of 600 marks. Counseling for admission into M.Ed. course commenced on 17.06.2013 for allotment of colleges to the successful candidates on the basis of their merit. The husband of the petitioner meantime died on 10.06.2013. Death certificate of the petitioner's husband issued by Municipal Corporation of Delhi on 26.06.2013 has been annexed to the writ petition as annexure-4. It is relevant to record the the petitioner's husband was admitted at the Institute of Liver and B1 D-1 Vasant Kunj, New Delhi for being treated for liver injury and was at the relevant time being attended by his family members including the petitioner, his wife. Following her husband's death on 10.06.2013, the petitioner without doubt as a widow, aside of suffering of a huge mental trauma, was engaged in performing the rituals following a death – more so a husband's – in a Hindu Family. In these circumstances, the fact of counseling being held between 17.06.2013 to 26.06.2013 did not come to the notice of the petitioner.
(3.) THE case of the petitioner is that owing to the intervening event of her husband's death as aforesaid, her category be changed from general (women) to that of widow for whom there is 2% reservation out of 10% horizontal reservation for women for admission into M.Ed. course based on the inter-se merit of the women in the said category. It is submitted that the petitioner having become a widow before the counseling commenced, she ought to have been considered for admission into M.Ed. course in the quota reserved for widows with reference to her merit inter-se within the said quota. It has been further submitted that even though the petitioner applied as a general category (women) candidate for writing Pre M.Ed. Entrance Test 2013, her subsequent widowhood before the completion of the selection process ought to have been taken into consideration and allotment of a college for pursuing the M.Ed. course ought to have been made accordingly in the said quota with reference to her merit. It is submitted that the quota in the category of widow has not yet been fully exhausted.;