INDU SINGH Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THE petitioner has instituted the instant writ application with a prayer for a direction to the State -respondents to include her name amongst the successful candidates for appointment to the post of Agriculture Officer in the 'Widow Women Category' in the recruitment process conducted in pursuance to an advertisement dated 05.07.2008, and further, she be also provided reservation in the 'Widow Women Category'.

(2.) BRIEFLY , the essential material facts necessary for appreciation of the controversy raised in the instant writ application needs to be first noticed. The petitioner entered into a wedlock on 16.2.2008 with Shri Ashok Kumar Bacholia, who died on 9.11.2008. In response to the advertisement No. 7/2008 -09 dated 5.7.2008, inviting applications from the eligible candidates for different posts, the petitioner, submitted her application for consideration of her candidature for appointment to the post of 'Agriculture Officer' with Post Code Number 14, in accordance with the provisions of the Rajasthan Agriculture Service Rules, 1960. The recruitment was to be conducted to fill up 96 posts. Reservation was provided for the candidates of Schedule Castes, Scheduled Tribes and Other Backward Classes as well as women in the Open Category and Categories of Scheduled Castes, Scheduled Tribes and Other Backward Classes. Horizontal reservation was also provided for the persons suffering with disability of specific type as stipulated in the advertisement including to women, in all categories. The petitioner appeared in the Screening Test for the post of Agriculture Officer and was allotted Roll Number 101477. The petitioner also informed the factum of death of her husband to the respondent - Rajasthan Public Service Commission (for short 'respondent Corporation'), in response to communication dated 15.09.2009 (Annexure -4), and prayed to change her category, which was accordingly changed from Women Category to Widow Women Category. The petitioner successfully qualified the Screening Test and was called upon to appear before the respondent Commission for interview on 13.01.2009. The result was declared by the respondent Commission on 23.10.2009 for the post of Agriculture Officer reflected Roll Numbers of the successful candidates belonging to General Category, Scheduled Castes, Scheduled Tribe and Other Backward Classes as well as the candidates of Women Category in each of the Categories aforesaid, but did not include 'Women Widow Category' in the result -sheet. The petitioner aggrieved by the action of the respondent -State, in not providing reservation for Women (Widow), addressed a representation on 26.10.2009, which did not evoke any response and therefore, instituted the present writ proceedings.

(3.) IN response to the notice of the writ application, the respondents have filed their counter affidavit. The respondent number 2 (RPSC), in its counter affidavit, has pleaded that the petitioner was called for the interview and was considered as to General WE, WD Category candidate. Moreover, the petitioner also applied for the post of 'Assistant Agriculture Officer' (AAO), for which she was selected at Merit Number M67 and her name was forwarded to the State Government on 15.01.2010. It is further stated that in the advertisement dated 05.07.2008, there was no reservation for widow for the post of 'Assistant Officer', and therefore, the claim is not sustainable in the eye of law.