Vineet Kothari, J. - (1.) The petitioner appeared in the selection process for the post of Teacher Grade-II in the year 2011. The examination concerned for the said selection process was conducted in the month of February, 2014. In the application form initially filled up by the petitioner, she had shown her marital status as 'Married' but unfortunately, her husband expired on 03.07.2014 before the declaration of the said examination as stated in para 6 of the writ petition. Therefore, the petitioner had applied for change of category from 'Married' to that of 'Widow'.
(2.) The learned counsel for the petitioner has relied upon a decision of the Division Bench of this Court in the case of State of Rajasthan & Ors. v. Ms. Jamna Rajpurohit, SAW No. 82/2013 along-with other three cases, decided on 30.08.2013 . In the aforesaid case of Ms. Jamna Rajpurohit, the Division Bench of this Court has held as under:- "Vis major i.e., act of God, refers to an occurrence taking place exclusively due to natural causes, and being of external nature, and further being the one which cannot be anticipated or provided against. Sudden demise of a person remains essentially a matter beyond the control and anticipation of human beings. Such an unfortunate event could nevertheless happen, as has happened in the present cases. The appellants cannot be considered justified in suggesting that such an unfortunate event can also be ignored by them with a perfunctory reference to the stipulation like the one referred above. It remains trite that the law does not envisage nor countenance an absurdity or impossibility. The propositions of the appellants, running against the very fundamentals of law, are required to be rejected. We are further of the view that when the appellants have provided for a special reservation to a category of persons requiring help and support of the State i.e., the women suffering widowhood, any provision in that relation ought to be applied with a practical approach and with due respect to the ground realities. The very object behind reservation for widow category would be defeated, if not rendered illusory, if the peculiar facts and circumstances of the case of a woman suffering widowhood after filling up of the application form but before completion of recruitment process, are ignored and she is not considered for appointment in widow category. We are at one that the observations in the orders impugned that in these cases, the concerned authorities were rather under an obligation to consider the candidature of the writ-petitioners in widow category. In view of the above, these appeals stand dismissed summarily, subject, of course, to the observations foregoing. Sd/- (Arun Bhansali), J. Sd/- (Dinesh Maheshwari), J."
(3.) It is noticed that the representation of the petitioner for change of category in the marital status from 'Married' to that 'Widow' has been rejected by the respondents by passing the impugned order Annexure-12 dated 21.10.2014 which is nonspeaking order without considering the effect and ratio of the above cited judgment to the facts situation of the present case. Therefore, the said rejection of the representation of the petitioner vide impugned order Annexure-12 dated 21.10.2014 is unsustainable.;