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Judgment
The petitioner has preferred the present writ petition seeking priority right of appointment/selection in the recruitment process initiated for Safai Karamcharis, vide Advertisement No.1/2018, dated 13.04.2018.
The petitioner, who is husband of one Ms. Nitisha, who has since passed away, has preferred the present writ petition claiming that his candidature deserves to be considered under the Category of "widower".
Needless to observe that there is no separate reservation/category like "widower" and the reservation is only provided to "widow".
The relevant Rule, conferring reservation, is Rule 7 of the Rajasthan Municipalities (Safai Employees Service) Rules, 2012, which reads thus:-
"7.Reservation.- Reservation of vacancies for Scheduled Caste, Scheduled Tribe, Backward classes, Special Backward Classes and Economic Backward Classes shall be in accordance with the provisions of law in force at the time of recruitment."
Following note in the advertisement deals with reservation:-
"विभिन्न वर्ग के लिए आरक्ष्ति पदों में से 30 प्रतिशत पद उसी वर्ग के महिला अभ्यर्थियों के लिए आरक्षित रहेंगे, जिसमे 20 प्रतिशत सम्बंधित वर्ग की सामान्य महिला, 08 प्रतिशत विधवा महिलाओं एवं 02 प्रतिशत परित्यकता महिलाओं के लिए आरक्षित रहेंगे।"
The above noted stipulation in the advertisement leaves no manner of doubt that the reservation is meant for Widow - female, whose husband has passed away.
The petitioner is unquestionably a male and a husband, whose wife has died.
The present writ petition is frivolous, misconcieved and an an abuse of the process of Court. The same is thus dismissed with cost of Rs.5,000/-. The stay application also stands dismissed.
The cost aforesaid be deposited with the Rajasthan Legal Services Authority, Jodhpur, within a period of 15 days from today.
A request for withdrawal of the writ petition was also made, however, looking to the fact that the petition has been filed through a counsel having at least 25 years of experience at the Bar, such request is refused.
The matter be listed before Registrar (Judicial) on 20.02.2020 for compliance. In case the Cost is not deposited, the matter be listed in Court for passing appropriate orders.