RENU SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner is a divorcee woman. Her grievance is that she has been wrongly denied appointment as Teacher Grade III by the District Education Officer; Jhunjhunu. The factual position is not disputed. In pursuance to advertisement issued by the Director, Primary and Secondary Education, Rajasthan, Bikaner inviting applications from eligible candidates for the recruitment in the vacancies of Teacher Grade II and III for the year 1996 -97, the petitioner applied for appointment as Teacher Grade III against the vacancies in Jhunjhunu District.

(2.) THE petitioner had requisite qualifications prescribed for the post. She was selected for appointment in the selection for appointment and her name was shown at S.No. 3 in merit list of reserve category 'Divorcee/Widow Women'. However, she was denied appointment on the ground that the decree of divorce was passed by mutual consent of the parties under Section 13B of the Hindu Marriage Act. From the pleadings it also transpires that candidates, who were less meritorious in the reserve category of 'Divorcee/Widow Women' than the petitioner has been given appointment. Thus, the only question for decision in this writ petition is as to whether denial of appointment to the petitioner on the ground that the decree of divorce was passed by mutual consent is justified or not

(3.) 'After giving careful and deep consideration to the rival contentions made by learned Counsel on both sides, I am of the opinion that denial of employment/appointment to the petitioner, inspite of her being at S.No. 1 in the merit, is an arbitrary and discriminatory action of the respondents.