DHIRENDRA SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this writ petition under Arts. 226 and 227 of the Constitution of India, the validity of sub-clause (3) of Rule 10 of the Rules governing admission of candidates to Teachers Training Institutes has been challenged on the ground that it is unconstitutional and ultra vires of the Constitution of India.

(2.) For the purposes of admission to District Education and Training Institutions for STC training, certain rules have been framed. Rule 9 lays down educational qualifications for the purposes of admission, while Rule 10 prescribes the quota for various categories of candidates. Sub-clause (3) of Rule 10 reads as under:-

(3.) This Rule provides for reservation of certain percentage for women, members of the SC/ ST, Political sufferers, ex-defence personnel, physically handicapped and dependents of those employees of the State Government who died in service. The quota referred for the last category is said to be discriminatory in so far as it makes reference only, to dependents of those Government Servants who died during the course of their service to the exclusion of dependents, relatives of the other State employees such as Rajasthan State Electricity Board and other Corporations.