MUKESH KUMARI Vs. STATE AND ORS.

JUDGEMENT

(1.) This writ petition has been filed by Mukesh Kumari challenging the order dated 9.1.2013 and 17.1.2013 by which she was denied joining on the post of Teacher. In fact, the petitioner was married to one Lalit Kumar Morodia on 4.12.1998. Within two years of her marriage, her husband instituted a petition against her for divorce under Section 13 of the Hindu Marriage Act in the Family Court, Jaipur. Eventually, the proceedings were converted into one under Section 13B of the Act for decree of divorce by mutual consent. The decree for divorce/dissolution of marriage was drawn by judgment and decree dated 18.10.2005. Commissioner, Elementary Education for Rajasthan issued an advertisement on 28.11.2006 inviting applications for appointment on 3225 posts of Teacher Gr.III from amongst widows and divorcees.

(2.) The candidates were required to possess the qualification of Senior Higher Secondary, but it was indicated in the advertisement that preference shall be given to those who hold the B.Ed. degree. 23.12.2006 was the last date of submission of admission form. Widows-candidates were required to enclose along with application copy of the death certificate of the husband. In case of divorcee-candidates decree of divorce was required to be proved. Petitioner submitted application duly accompanied with the requisite documents. The Joint Director, Elementary Education for Rajasthan addressed a letter to the petitioner on 16.8.2007 dilating that she has been selected as trainee teacher and she is required to acquire training qualification such as STC or B.Ed. within three years of her appointment as trainee teacher. It was further advised that if she fails to acquire the training qualification of STC or B.Ed. within three years of her appointment as trainee, her appointment/selection would stand cancelled.

(3.) Petitioner was appointed as trainee teacher vide order dated 30.5.2008 and was posted at Government Primary School, Barda Ki Dhani. She submitted her joining on 9.7.2008 in the office of Block Primary Education Officer, Pisangan wherefrom she was relieved to join at Government Primary School, Barda Ki Dhani. According to the petitioner, she submitted all the documents which were required by order dated 30.5.2008 including the ' no-re-marriage'affidavit at the time of joining as trainee teacher. After the petitioner joined at the Government Primary School, Barda Ki Dhani, she sought permission from the District Education Officer for acquiring qualification of B.Ed. Such permission was granted on 21.10.2008. After completion of B.Ed. training, petitioner was permitted to join again at Government Primary School, Barda Ki Dhani on 10.10.2009. It was thereafter that result of her B.Ed. was declared on 16.1.2010 in which she was declared pass. Petitioner wrote a letter to District Education Officer on 22.2.2010 informing him about the fact that she has acquired the B.Ed. degree.