Raj HC | Merely on account of widowhood a candidate cannot be granted benefits for appointment at Elementary Education

Rajasthan High Court:  Arun Bhansali, J. disposed of a petition challenging the order of rejection of her candidature for Elementary School.

In the instant case, the petitioner, a widow, had applied for a position at an Elementary School. However, her candidature was rejected by the respondent which was decided in pursuant to the judgment in Gena Ram Choudhary v. State of Rajasthan, 2019 SCC OnLine Raj 1089.

The counsel representing the petitioner, Kailash Jangid, submitted that the petitioner, being a widow, should be ideally granted certain benefits and be appointed accordingly.

The General Counsel representing the respondents, Vishal Jangid submitted that no interference can be made out in such writ petition. He also relied on the case of Manoj Bhatia v. State of Rajasthan, S.B. Civil Writ Petition No. 9357 of 2019, decided on 3.7.2019 wherein the present High Court had concluded that only on account of widowhood of a candidate cannot continue with the Elementary Education and that she is entitled to priority in the counselling.

The present Court placed reliance on the judgment of Manoj Bhatia and reiterated the proposition laid down in the case, however, it also stated that the petitioner may approach the respondents for the vacancy in the Secondary School nearby and the respondents shall review any viability regarding the same. The Court also provided that nevertheless, such a statement does not create any right in favour of the petitioner.[Premi Choudhary v. State Of Rajasthan, 2019 SCC OnLine Raj 2068, decided on 05-08-2019]

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