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S.B. CIVIL WRIT PETITION NO.1159/2008
(SMT. KAMALA DAMORE VS. STATE OF RAJ. & ORS.)
DATE OF ORDER : 09.01.2009.
HON'BLE MR. GOVIND MATHUR, J.
Mr. Bharat Shrimali for the petitioner.
None present for the respondents.
Despite service of notice, no body has put in
appearance on behalf of the respondents.
In brief, facts of the case are that after qualifying
Primary and Upper Primary School Teachers Competitive
Examination, 2006, the petitioner was provisionally selected for
appointment as Teacher Grade III. The selection aforesaid came
to be rejected by the Rajasthan Public Service Commission on
the count that the petitioner is not belonging to Tribal sub plan
area of the State of Rajasthan. Being aggrieved by the same,
this petition for writ is preferred.
It is stated that the Sub Divisional Magistrate,
Dungarpur on 15.09.2003 issued a domicile certificate
mentioning therein that petitioner Smt. Kamala Damore w/o Shri
Hemant Kumar is a resident of district Dungarupur, which is a
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part of Tribal Sub Plan Area. The petitioner has also placed on
record a certificate issued by the Tehsildar, Dungarpur certifying
that the petitioner is a member of Scheduled Tribe Community.
On basis of the certificates aforesaid, it is contended that the
petitioner is coming from Tribal Sub Plan Area and she herself is
tribal, as such, cancellation of her selection is bad.
I have examined the record available.
The only reason given by the respondents for
rejection of the petitioner’s selection is that she is not belonging
to Tribal Sub Plan Area and, therefore, she does not come in
IT/WE cut-off category. The petitioner is resident of district
Dungarpur, as apparent from the certificate Annexure 1 issued
by the Sub Divisional Magistrate, Dungarpur. The certificate
issued by the Tehsildar, Dungarpur also establishes tribe
belonging of the petitioner. It appears from Annexure 4 that
prior to marriage, the petitioner was residing at village Kalwas in
Gram Panchayat Kanpur, Panchayat Samiti Kherwara. The fact
as to whether the village aforesaid is part of Tribal Sub Plan Area
is not required to be verified as this Court in Vandana Ninama
vs. RPSC, Ajmer and another (SBCWP No.6861/2007 decided on
23.10.2008) has already taken a view that a married lady
having a domicile certificate relating to her residence in tribal
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sub plan area is required to be treated as a bonafide resident of
that area and all benefits connected thereto must be extended in
her favour. In view of it, the petitioner who is also having a
domicile certificate regarding her residence in Tribal Sub Plan
Area is required to be considered as a person belonging to that
area only.
For the reason whatever stated above, this petition
for writ is allowed. The respondents are directed to consider
candidature of the petitioner for the purpose of appointment to
the post of Teacher Grade III and in the event, she stands in
merit relating to the candidates belonging to Tribal Sub Plan
Area and is otherwise eligible, appointment be accorded to her
on the post concern within a period of three months from the
date the petitioner serves a certified copy of this order upon the
respondents Nos. 2 and 3.
(GOVIND MATHUR)J.
Anil/