PRABHA SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner is a divorcee woman. Her grievance in this petition is that she has been wrongly denied appointment as School Teacher Grade III by the District Education Officer (Boys), Jhunjhunu in recruitments for the year 1996 -97 even though she was at No. 1 in merit amongst Divorcee/Widow applicants.

(2.) THE factual position is not disputed in the matter. The Director, Primary and Secondary Education, Rajasthan, Bikaner, invited applications from eligible candidates for recruitment in the vacancies of Teacher Grade II and III for the year 1996 -97. In the advertisement, 'Divorcee/Widow Women' formed a separate category in the reserve categories. As per conditions contained in advertisement a divorced woman was required to submit a copy of the decree of dissolution of marriage by a competent Court. From the reply of respondents it transpires that reservation for widows and divorcees was as a policy decision of the State Government with an object to make them financially independent for survival and rehabilitation.

(3.) SHRI Ajay Rastogi, learned Counsel appearing for the divorced lady, strongly contended that action of the respondents in denying appointment to the petitioner is arbitrary, unjust and it amounts hostile discrimination. Learned Counsel contended that women securing less marks and being less meritorious have been given appointment, hence, the action of the respondents infringes Articles 14 and 16(1) of the Constitution of India, It was further submitted that policy decision of the State Government to provide employment to divorced or widowed woman is intended to provide them an opportunity to have an independent source of income for sustenance and survival and to live with dignity. In fact, learned Counsel contended, the policy has a laudable object so that a divorcee or widow may not have to live in an oppressed and distressed condition on the mercy of others, and no distinction is reasonably permissible in the case of a divorcee on the ground that the decree of dissolution was passed by mutual consent of the parties. Shri Rastogi further contended that under the Hindu Marriage Act, after insertion of Section 13B by Act No. 68 of 1976, a marriage can be dissolved by mutual consent on fulfilling requirements stated in the Section and such a decree of divorce is good for all purposes like other decrees of divorce passed under Section 13 of the Act and the effect of the decrees in both cases is same.