DINESH MEHTA,J. - (1.) The petitioner has filed the present writ petition with the following prayers:- A. By an appropriate writ order or direction, the eligibility published along with the information dated 5.9.2016 (Annex-2) may kindly be quashed and set aside to the extent that it mentions the DPC year against the petitioner's name as 2013- 2014. B. By an appropriate writ, order or direction, the respondents may kindly be directed to call the petitioner for counselling in accordance with the name mentioned at Sr. NO. 6 in the eligibility list for the purpose of allotting her the place of posting. C. By an appropriate writ, order or direction, the respondents may kindly be directed to afford the petitioner promotion on the post of Teacher grade-II in the DPC year 2016-17. D. By an appropriate writ, order or direction, the respondents may kindly be directed to make correction in the eligibility list while mentioning the DPC year as 2011-12 against the petitioner's name instead of DPC year 2013-14. E. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. F. Writ petition filed by the petitioner may kindly be allowed with costs.
(2.) The skeleton facts, necessary to be narrated for the purpose of deciding the present writ petition are that the petitioner was appointed on the post of Teacher Grade-III on 12.4.2005. It is an admitted fact that petitioner gave birth to third child after 01.6.2002. According to the petitioner, she became eligible for promotion to the post of Teacher Grade-II for the recruitment year 2011-12, but her case was not considered in view of the provisions contained in Rule 2 of the Rajasthan Various Service (Amendment) Rules, 2001 which denies promotion to a candidate for a period of 5 years from the date when he/she becomes eligible, after giving birth to third child post the cut off date i.e. 01.6.2002.
(3.) The petitioner has pleaded in her writ petition that her application/particulars were invited by the respondents for considering her candidature for promotion to Teacher Grade-II, for recruitment year 2011-2012, vide communication dated 25.11.2013, the same was denied on account of her disqualification in light of the birth of the third child.;