BHAGWATI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondents to appoint her on the post of Prabodhak under Other Backward Class (Female) category (for short 'the OBC (Female) hereinafter) with all consequential benefits.

(2.) BRIEFLY stated the facts of the case to the extent they are relevant and necessary for the decision of this writ petition are that the petitioner belongs to OBC (Female) category. A certificate issued by the competent authority i.e. Tehsildar, Ajmer Annex.1 dt. 25.07.1994 has been placed on record stating that Bhagwati Devi D/o Kailash Chand Sen, Village Lidi, District Ajmer is by caste "Nai" which falls in the category of OBC as notified by the State Govt. by notification dt. 28.09.1993. The petitioner has also placed on record the Certificate Annex.1A dt. 13.11.2006 issued by the Tehsildar, Pali stating therein that petitioner Bhagwati Devi W/o Manoj Kumar, Pali is a member of OBC as notified by the State Govt. vide notification dt. 20.09.1993. It has also been stated that she does not fall in the category of creamy -lier. According to the petitioner, the petitioner possessed the qualifications of Senior Secondary, Bachelor of Arts and BSTC and is having experience of teaching in primary schools for more than five years. She has placed on record the documents in support of the pleadings Annex.2 and Annex.2A. The petitioner was appointed on the post of Para -Teacher on 06.07.2002 by the respondent State. A certificate Annex.3 issued by the Headmaster, Govt. Upper Primary School, Giradara, District Pali stating therein that the petitioner has been working as Para -Teacher since 06.07.2002 continuously. The respondents vide Annex.4 issued an advertisement inviting applications for the post of Prabodhak for various districts in Rajasthan. Initially, 20060 posts of Prabodhak were advertised which were subsequently enhanced to 28060. In the Pali district, initially 496 posts of Prabodhak were advertised which were subsequently enhanced to 660. The petitioner being eligible for appointment applied for the post of Prabodhak under OBC (Female) category within stipulated time vide Annex.5. The petitioner was called for interview by the respondent on 10.08.2008 vide Annex.6 and the relevant testimonials which the petitioner carried were verified by the respondents. The respondent No. 3 published a combined merit list of all categories in which the petitioner's name has been placed at serial No. 350 in general category though the petitioner belongs to OBC (female) category and applied for the post of Prabodhak under OBC (Female) category by annexing the relevant documents showing her to be a member of OBC (Female) and thereby the respondents wrongly denied appointment to the petitioner. Hence this writ petition.

(3.) I have heard learned Counsel for the parties.