ANITA DWIVEDI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS special appeal is directed against the judgment dt. 04/10/1999 passed by the learned Single Judge dismissing SBCWP No. 2001/98 filed by the appellant.

(2.) ADMITTED facts are that in pursuance of an advertisement (Ann. 1) issued on 07/5/97 by the District Education Officer Dholpur (respondent No. 3), inviting applications for eight posts of PTI Grade III for the year 1997-98, the interviews were held on 17/5/97 wherein Kumari Anita Dwivedi (appellant) was also interviewed on her application. As a result of interviews taken of respective candidates who had applied for aforesaid post, select list was prepared and appointments were given to the successful and meritorious candidates and the selection process pursuant to the aforesaid advertisement had already over, but the appellant has preferred aforesaid writ petition challenging the advertisement on the ground that despite there having been 20% reservation for women under Rule 7-B of the Rajasthan Education Subordinate Service Rules, 1971 (for short the Rules), to which provision was inserted vide notification dt 22/1/1997, the respondent Department failed to make any reservation for women in the advertisement dt. 7/5/97 (Annex. 1) for the posts of Physical Training Instructor. In the prayer clause, the appellant sought relief for directing the respondents to appoint her on the post of Physical Training Instructor in quota reserved for woman candidates as per her merit.

(3.) ONCE the notification has been issued and by which Rule 7b was admittedly added to the service Rules, it was incumbent upon the State Government and its department to comply with requirements made under the provisions of the service rules before issuing notification inviting applications for vacant. posts by making reservation of woman candidates. By virtue of provisions made under Rule 7b of the Rules, 20% reservation has been woman candidates in direct recruitment.