REKHA SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The factual matrix of the case is that the Rajasthan Public Service Commission (for short the 'RPSC') issued an advertisement dtd. 28/6/2023 for inviting applications to participate in the recruitment process through Rajasthan State and Subordinate Services Combined Competitive Examination-2023 in view of the provisions of the Rajasthan State & Subordinate Services Combined Competitive Examination through Direct Recruitment) Rules 1999 (for short 'the Rules of 1999'). The petitioner submitted her application Form No.202327640059 mentioning her category as 'General Woman' with marital status as 'married'. The petitioner appeared in the Pre-Examination with Roll No.1704055 and was declared as not qualified to appear in the Main Examination as she secured 85.52 marks which is less than the last cut off marks i.e. 97.01% as evident from the result dtd. 20/10/2023. It is also a fact on record that the petitioner filled up the application form under the General Woman Category stating her marital status as 'married' and a divorce decree was also passed dissolving her marriage on 20/10/2023.

(2.) Mr. Laxmikant Sharma, counsel appearing for the petitioner submits that as on the date of declaration of result of the Pre Examination i.e. on 20/10/2023 a decree of divorce was passed for dissolution of marriage of the petitioner. Therefore, the candidature of the petitioner should be considered under the divorcee (DV) category. The nonconsideration of the petitioner under the divorcee category even after a decree passed by the Competent Court, is illegal, arbitrary and unjustified.

(3.) Considered the submissions made by the counsel appearing for the petitioner and also perused the material made available on record with the petition.