- (1.) The petitioner, Reetu Kalasua, is divorced woman, who applied for the selection for the post of School Lecturer (English) in pursuance of the Advertisement (Annex.3) dated 22.7.2011 for which 167 posts were notified by the respondent-Rajasthan Public Service Commission (for short, hereinafter referred to as 'RPSC') on the requisition of the Education Department of the State Government. The petitioner having secured Merit position at 167 in the selection list with Roll No. 101148 vide Annex. 5 had filed her application in the category 'divorced women' belonging to ST/TSP area and vide the admission card (Annex. 4) she was allowed to undertake this examination on 1.3.2012 and 2.3.2012. However, at the time of selection process, even though she had filed her divorce application on 13.1.2011 in the Family Court, Udaipur vide the Case No. 15/2011 - Reetu v. Rajendra Kumar Meena, but she could get the divorce decree only on 28.2.2012 after about 4 months of the last date for filing the on-line application on 30.8.2011 but even before she appeared in the examination for said selection process on 1.3.2012 and 2.3.2012 vide the Admission Card (Annex. 4). Her selection came to be cancelled by the RPSC vide the impugned order (Annex. A1) dated 24.4.2013, filed by the petitioner alongwith second stay petition, on the ground that since on the cut-off date of filing the on-line application on 30.8.2011, the petitioner did not have the proof of her divorce viz. the divorce decree as it was given only on 28.2.2012, therefore, her case could not be considered against the special category of reservation for divorced women of 2% of number of the posts, but only under the general category of woman belonging to ST and TSP area, of which the cut-off marks were above the marked obtained by the petitioner at 233.55. Aggrieved by the same, the present writ petition has been filed in this Court on 4.10.2012.
(2.) By the consent of the learned Counsels for both the sides, the matter was heard finally at this stage in view of facts of the case.
(3.) Dr. Nupur Bhati, learned Counsel for the petitioner has drawn the attention of the Court towards the cut-off marks given by the respondent-RPSC vide Annex. 6 dated 8.5.2012 in the category of 'Scheduled Tribe' in 'divorced women' category of 68.30 and the petitioner had obtained the marks above the said cut-off marks; and she urged that by way of amendment in the Rajasthan Various Services (Amendment) Rules, 2011 vide the Notification dated 24.1.2011, all the relevant services rules applicable in the State, stood amended with the following reservation for divorced woman candidates inserted in all the relevant rules. The relevant amendment reads as under: GOVERNMENT OF RAJASTHAN DEPARTMENT OF PERSONNEL (A-Gr. II) No. F. 7(2)DOP/A-II/88/Pt. I Jaipur, dated: 24.1.2011 NOTIFICATION In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Rajasthan hereby makes the following rules further to amend the various service Rules as specified in the Schedule appended herewith; namely:-- 1. Short title and commencement.--(1) These rules may be called the Rajasthan Various Service (Amendment) Rules, 2011. (2) They shall come into force with immediately effect. 2. Amendment.--The existing rule as mentioned in Column Number 3 against each of the Service Rules as mentioned in Column Number 2 of the Schedule appended hereto, shall be substituted by the following, namely: Reservation of vacancies for women.--Reservation of vacancies for women candidates shall be 30% category wise in direct recruitment out of which 8% shall be for widows and 2% for divorced women candidates. In the event of non-availability of eligible and suitable widows and divorced women candidates in a particular year, the vacancies so reserved for widows and divorced women candidates shall be filled by other women candidates and in the event of non-availability of eligible and suitable women candidates, the vacancies so reserved for them shall be filled up by male candidates an such vacancies shall not be carried forward to the subsequent year and the reservation shall be treated as horizontal reservation i.e. the reservation of women candidates shall be adjusted proportionally in the respective category to which the women candidates belong. Explanation:-- In the case of widow, she will have to furnish a certificate of death of her husband from the competent Authority and in case of divorcee she will have to furnish the proof of divorce.;