SANTOSH KUMARI Vs. STATE AND OTHERS

JUDGEMENT

(1.) Instant petition has been filed by widow with the grievance that she was appointed under widow quota on the post of Teacher Gr.III under Rajasthan Panchayati Raj Rules, 1996 ("Rules, 1996") and is entitled for study leave for the period during which she has acquired qualification of Teachers Training Course in terms of proviso to R.266 of Rules, 1996.

(2.) Petitioner was initially appointed on the post of Teacher Gr.III against widow quota vide order dt. 27/08/1996 (Ann.1) pursuant to Govt. Circulars dt. 27/01/1996 & 12/03/1996 under Panchayati Raj Rules, 1996. However, at the time of appointment, she did not acquire qualification of BSTC (Teachers' Training Course) and was selected for Teachers Training Course of Two years and relieved on 09/12/1997 to join training of STC at DIET, Sikar where she joined on 10/12/1997; however she completed the said Training and resumed back on duty on 24/12/1999 but result of the Course was declared on 05/05/2000 declaring her passed therein. However, for the period which she spent in completing training course (from 09/12/1997 to 23/12/1999) was not considered to be study leave, which has compelled her to approach by way of instant petition.

(3.) Counsel submits that identical issue was decided by this Court in Smt.Chandra Kanta Nuwal Vs. State, (CWP-13531/2008 vide judgment dt.23/03/2011) and by Co-ordinate Bench at principal seat Jodhpur in Bhagwanti Jeengar & Anr Vs. State, (CWP-1899/2005 vide judgment dt. 04/08/2006); it was held that widow/divorced incumbent if appointed under Rules, 1971, in terms of proviso to R.11 of Rules, 1971 are eligible to seek appointment; but at the same time, has to acquire qualification of BSTC/ B.Ed, within three years and shall also be eligible for grant of study leave soon after acquiring qualification of STC.