JAISHREE THAKUR, J. - (1.) The present writ petition has been filed under Article 226 of the Constitution of India seeking quashing of order dated 27.4.2015 and with a further prayer for appointment on the post of PTI Grade-III against the Divorce quota.
(2.) In brief, the facts are that the Rajasthan Public Service Commission (for short 'the RPSC') issued a notification in the year September, 2013 inviting applications for appointment on the post of PTI Grade-II and III. The petitioner, being eligible for appointment, applied immediately. At the time of the filling in the application form, the category, as filled by the petitioner, was General NCC Cadet(Female) category. The petitioner was called for written examination on 21.2.2015. After having participated in the examination, the petitioner moved a representation on 20.3.2015 stating that she should be considered in the General Woman(Divorce) Category, as she had been granted divorce by her husband by a decree dated 24.11.2014. The petitioner was not offered appointment as she did not have the requisite marks in the General Category, but would have come into zone of consideration if she had been considered in General Woman(Divorce) Category, as she had secured 163.66 marks. Aggrieved against the decision, not to include her in the General Woman(Divorce) category, the present writ petition has been filed.
(3.) Mr. M.S. Rajpurohit, learned counsel appearing on behalf of the petitioner contends that after filling in the application form and before examination had taken place, the petitioner got a decree of divorce on 24.11.2014 and she approached the concerned department for changing her category, which has not been done. It is argued that in case, the category is allowed to be changed from General NCC Cadet category to General Woman (Divorce) category, the petitioner who has secured 166.66 marks which is more than the cut-off marks General Woman (Divorce) category which is at 96.66, she would become eligible for appointment;