SONIKA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The factual matrix of the case is that the petitioner passed the Rajasthan Eligibility Exam for Teachers (REET) 2017 and she being qualified for recruitment to the post of Teacher Gr.III Level 2 applied for recruitment under the Advertisement No.5/18 issued by the respondents on 31/7/2018. The last date of submitting the application form was 25/8/2018 and the petitioner submitted her application form No. 201807400712 on 19/8/2018 with the mention of her marital status as 'married'. It is also a fact on record that a decree of divorce was passed on 11/9/2018 by the Court of learned Addl. District Judge, Chhabra, District Baran (Rajasthan) on the joint application filed by the petitioner and her husband under sec. 13B of the Hindu Marriage Act.

(2.) Counsel appearing for the petitioner submits that though the petitioner has applied for recruitment to the post of Teacher Gr.III Level 2 pursuant to advertisement No.5/2018 under the General Woman Category but since divorce decree has been passed on the mutual consent and joint application on 11/9/2018, her candidature should have been considered by the respondents against the vacancies reserved for divorcee category. He further submits that nonconsideration of the candidature of the petitioner under the divorcee category, be declared illegal, arbitrary and unconstitutional and the respondents be directed to allow the petitioner against the vacancies reserved for divorcee category on the post of Teacher Gr.III Level 2.

(3.) Shri M.S. Singhvi, learned Advocate General assisted by Mr. Siddhant Jain, submits that the eligibility of a candidate for a particular post on the basis of his/her educational qualifications and the other requirements and so also his /her candidature under a particular category, is considered on the basis of the requisite documents possessed by that candidate on the last date of submission of the application form if no other date has been given in the advertisement or in the rules. He further submits that the petitioner filled up the application form for recruitment on the post of Teacher Gr.III Level 2 mentioning her marital status as 'married' and on the last date of submitting the application form she was not having a decree of divorce. So also in view of the terms and conditions of the advertisement, no candidate can be allowed to change his/ her category after the last date of submitting the application form or the date upto which the candidates are allowed to make amendments in their application forms. He also submits that the last date for submitting the application from in the present case was 25/8/2018 and on the last date the petitioner was not having the decree of divorce from the Competent Court. Therefore, her candidature in divorcee category in any no manner could be considered. In support of his submissions Shri M.S. Singhvi, learned Advocate General has placed reliance upon the following judgments:-