Smt. Archana Sharma vs The University of Rajasthan and Another

Alok Sharma, J.—This petition has been filed challenging the communication dated 05.07.2013, sent by the University of Rajasthan, Jaipur, informing the petitioner that in spite of her admitted widowhood on 10.06.2013 i.e. between the declaration of result of Pre M.Ed. Entrance Test 2013 for admission into M.Ed. course on 02.05.2013 and the counseling between 17.06.2013 to 26.06.2013, she could not be considered for admission into M.Ed. course her merit notwithstanding in the quota reserved for widows. This on account of the fact that she had not participated in the counseling held between 17.06.2013 to 26.06.2013. The facts of the case are that the petitioner applied and appeared as a general category (women) candidate in Pre M.Ed. Entrance Test 2013 for admission into M.Ed. Course. Her roll number was 55219. Result of the said examination was declared on 02.05.2013. The petitioner secured 369 marks out of 600 marks. Counseling for admission into M.Ed. course commenced on 17.06.2013 for allotment of colleges to the successful candidates on the basis of their merit.

The husband of the petitioner meantime died on 10.06.2013. Death certificate of the petitioner''s husband issued by Municipal Corporation of Delhi on 26.06.2013 has been annexed to the writ petition as annexure-4. It is relevant to record the petitioner''s husband was admitted at the Institute of Liver and B1 D-1 Vasant Kunj, New Delhi for being treated for liver injury and was at the relevant time being attended by his family members including the petitioner, his wife. Following her husband''s death on 10.06.2013, the petitioner without doubt as a widow, aside of suffering of a huge mental trauma, was engaged in performing the rituals following a death-more so a husband''s-in a Hindu Family. In these circumstances, the fact of counseling being held between 17.06.2013 to 26.06.2013 did not come to the notice of the petitioner.

The case of the petitioner is that owing to the intervening event of her husband''s death as aforesaid, her category be changed from general (women) to that of widow for whom there is 2% reservation out of 10% horizontal reservation for women for admission into M.Ed. course based on the inter-se merit of the women in the said category. It is submitted that the petitioner having become a widow before the counseling commenced, she ought to have been considered for admission into M.Ed. course in the quota reserved for widows with reference to her merit inter-se within the said quota. It has been further submitted that even though the petitioner applied as a general category (women) candidate for writing Pre M.Ed. Entrance Test 2013, her subsequent widowhood before the completion of the selection process ought to have been taken on into consideration and allotment of a college for pursuing the M.Ed. course ought to have been made accordingly in the said quota with reference to her merit. It is submitted that the quota in the category of widow has not yet been fully exhausted.

Counsel for the petitioner has relied upon the judgment of this Court in the case of Smt. Jamna Rajpurohit v. State of Rajasthan & Ors., SBCWP No. 8899/2012, decided on 29.08.2012. It has been submitted that in the aforesaid case, the issue was with regard to recruitment to the post of Teacher Grade-III (Second Level). During the selection process, the petitioner therein, one Jamna Rajpurohit who had applied as a general category (women) candidate was rendered a widow. On consideration of the facts of the case, this Court held that even though the petitioner had applied for consideration of her candidature for recruitment on the post of Teacher Grade-III (Second Level) in general category (women), yet the subsequent death of her husband during the selection process entitled her to be considered on humanitarian ground for appointment on the post of Teacher Grade-III (Second Level) in the category of widow. The Hon''ble Court had therefore directed that the respondents consider the candidature of the petitioner, in the aforesaid writ petition, for appointment on the post of Teacher Grade-III (Second Level) under the category of widow. It is submitted that on analogy of reasoning, the case of the petitioner now before this Court, for admission into M.Ed. course ought to have been considered in the category of widow and not as a general category (women) in which the petitioner had initially applied for writing the examination.

Mr. Rachit Sharma, appearing for the respondent-University, has submitted that as indicated in the impugned communication dated 05.07.2013, the case of the petitioner in the category of widow cannot be considered in view of the fact that the petitioner had not appeared for counseling held between 17.06.2013 to 26.06.2013 and the State Government had issued directions under its order dated 05.03.2013 that all seats in the M.Ed. course be filled up in the first counseling. He submits that the first counseling having already been completed on 24.06.2013, the case of the petitioner cannot be considered.

Heard. Perused the writ petition and considered the submissions made by the counsel for the petitioner and the respondents.

In my considered view, the communication dated 05.07.2013 does not indicate that a change of category from general (women) to that of widow for reason of intervening circumstances is not permissible. What the said letter indicates is that the petitioner did not participate in the counseling held between 17.06.2013 to 26.06.2013 for allocation of a college for pursuing the M.Ed. course. This, to my mind, entails hardship on the petitioner in view of the fact that the petitioner''s husband had died on 10.06.2013 at Delhi and thereafter aside of being in a mental trauma, the petitioner was engaged as a Hindu widow in the rituals following the death of her husband and it is not conceivable that the petitioner could either have known of the date of counseling or even otherwise participated therein.

A quota for widows to an extent of 2% within 10% of the seats for women has admittedly been reserved for admission into M.Ed. course in all colleges in the State of Rajasthan duly affiliated to different universities. The petitioner before the conclusion of the admission process had been rendered a widow on 10.06.2013 as transpires from the documents on record. This is not disputed. Hence even though the petitioner had applied in the general category (women), taking a liberal interpretation of the eligibility requirements and relying on the judgment of this Court in the case of Smt. Jamna Rajpurohit v. State of Rajasthan & Ors., SBCWPA No. 8899/2012, decided on 29.08.2012, I would think it fit and proper to direct the respondent-University that the case of the petitioner be considered for admission into M.Ed. course based on her merit in the quota reserved for widows in the event there are obtaining vacancies in the said quota as of today.

The writ petition stands disposed of accordingly. It is however made clear that the decision of this case turns of on its facts and has been rendered to overcome the hardship to the petitioner. The directions issued in this case shall not constitute a precedent.