Rajasthan HC Makes Exception For Widow Declared Ineligible For Job For Having More Than 2 Children, Considers Her Socio-Economic Condition
While exercising its inherent powers, the Jaipur bench of the Rajasthan High Court directed the State to grant employment to a widow and a mother of four belonging to the SC category, who stood meritorious in the recruitment process to the post of school lecturer, but was denied employment for having more than two surviving children.Justice Sameer Jain held that it was imperative to depart...
While exercising its inherent powers, the Jaipur bench of the Rajasthan High Court directed the State to grant employment to a widow and a mother of four belonging to the SC category, who stood meritorious in the recruitment process to the post of school lecturer, but was denied employment for having more than two surviving children.
Justice Sameer Jain held that it was imperative to depart from the rigid procedural adherence in the interest of justice since the petitioner's exclusion merely on the ground of having more than 2 children, despite her socio-economic challenges, would violate constitutional guarantees provided under Articles 14 and 16.
“The petitioner, as the sole bread-earner of her family, shoulders the responsibility of supporting and upbringing of four children, including one with a disability. Her status as a member of the Scheduled Caste (SC) community further highlights the systemic barriers she faces, warranting judicial intervention to address her unique hardship. The petitioner's circumstances exemplify the need for equitable and inclusive consideration in public employment opportunities.”
The Petitioner had secured merit in the recruitment process for School Lecturer under the SC-Widow Category. However, she was denied employment in 2018, on the ground of having more than 2 surviving children.
The petition was filed on the ground that while other widows who had applied under compassionate appointment framework were granted relaxation from the 2-children bar, similar relaxation was arbitrarily denied to merit holding widow that amounted to unequal and discriminatory treatment.
The petitioner also submitted that during the pendency of the proceedings, amendments were brought into the service rules, in 2023, post which relaxation from the 2-children norm was extended to all the widows including divorcee women.
After hearing the contentions from both sides, the Court held that the 2023 amendment was a beneficial one that reflected a progressive and inclusive approach and had to be interpreted liberally and beneficially to alleviate hardship and promote social justice.
Taking into account the peculiar circumstances of the petitioner of her being an SC-widow woman, who was the sole-bread earner for her 4 children out of which one was a disabled boy, it was opined that,
“The petitioner's marginalized status and meritorious standing under the widow category demand equal treatment under the law. Denying her claim disregards the principles of fairness and perpetuates systemic inequities, especially for women from vulnerable communities. The petitioner's role as the sole caregiver to a disabled child further underscores her entitlement to special consideration. The principles of substantive equality require the state to recognize and accommodate the unique challenges faced by individuals in disadvantaged positions.”
In this background, the Court held that keeping in mind the peculiar circumstances of the Petitioner, the Court, being guided by the sense of justice, was adopting a merciful and sympathetic approach towards the petitioner, acting as “representative of the Sovereign as parens patriae”, and directed the State to grant her the appointment.
Accordingly, the petitioner was disposed of.
Title: Sunita Dhawan v State of Rajasthan & Anr.
Citation: 2025 LiveLaw (Raj) 37
