MAMTA BALIYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against rejection of her candidature as divorcee for recruitment to the post of Teacher Grade III (Level-I) for TSP area.

(2.) It is inter-alia claimed that the petitioner and her husband mutually agreed to dissolve the marriage by agreement dtd. 17/9/2020 (Annex.5) and pursuant to the advertisement dtd. 31/12/2021, the petitioner applied for the post of Teacher Grade III (Level-I) claiming her status as divorcee. However, her candidature has been rejected vide Annex.6 inter-alia on the ground that her decree of divorce is dtd. 21/3/2022, which is after the last date of application.

(3.) Learned counsel for the petitioner made submissions that as the parties had dissolved their marriage by way of customary divorce by executing an agreement on 17/9/2020 (Annex.5), the respondents, were not justified in referring to the decree dtd. 21/3/2022 and as on the date of application/last date of application, the petitioner was a divorcee, her candidature on that count could not have been rejected by the respondents.