Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Rajasthan Panchayati Raj Rules 1996 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Rajasthan Panchayati Raj Rules, 1996 – r.266- A – Rajasthan Educational Subordinate Service Rules, 1971 – r. 11 – Applications were invited for filling up vacancies of Lower Division Clerk (LDC), reservation was provided in the category of women and certain number of posts were set apart for widows among women – Respondent (a widow) not holding required qualification Rajasthan State Certificate in Information Technology (RSCIT), her application was rejected – Writ petition filed, allowed by Single Judge relying on r. 266-A – Decision confirmed by Division Bench – On appeal, held: Respondent applied pursuant to the advertisement issued in 2013 –She did not possess the essential qualification, RSCIT – She acquired the qualification only in the year 2014, well beyond the stipulated time – Thus, in view of not possessing the essential qualification on the last date of application or till the extended date, respondent was not eligible to be considered when notification was issued in the year 2017, which was not a fresh notification but a notification in continuation of the earlier notification – Further, on facts there is no justification to have extended r. 266-A to the respondent – First essential requirement for the application for r. 266-A is that the widow/divorcee must have been appointed – However, respondent was never appointed to the post in question to clothe her with a right u/r. 266-A – Also, the post concerned in the present case is that of LDC (Vidyalay Sahayak) which is different from the post indicated in r. 266-A – r. 266A does not deal with the qualification of RSCIT either – Respondent was not eligible to be considered for appointment – Impugned judgment set aside – Constitution of India – Article 136. |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2022 INSC 137 |
Petitioner | The State Of Rajasthan & Anr. |
Respondent | Anju Rini Saini |
SCR | [2022] 13 S.C.R. 898 |
Judgement Date | 2022-02-02 |
Case Number | 872 |
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