SHAHANAJ KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY filing this petition, the petitioner has prayed that the respondents may be directed to consider the case of the petitioner in the category of divorced women on the basis of `talaknama' executed by her husband and on that basis, the application form submitted by the petitioner for being appointed on the post of Teacher Grade-III in Primary Education may be taken into consideration on merit in the category of divorced women.

(2.) FOR the purpose of recruitment to the post of Teacher Grade-III an advertisement was issued by the respondents. As per the said advertisement, which is at Annex.-1 (page 10), 645 posts were reserved for the category of divorced women. As per the clause in the aforesaid advertisement, a lady who is applying for the said post in the category of divorced women is to furnish a decree of divorce granted by the competent Court for her claim to be considered for appointment in the category of divorced women. It is the aforesaid clause in the advertisement which is attacked by the petitioner on the ground that the petitioner being a muslim woman is subject to Muslim Personal Law and having been given talak by her husband as per the Shariat law, she is not required to go to the Court of law by filing petition for the purpose of declaration that a valid divorce is given to her by her husband.

(3.) I have heard both the learned Advocates and have gone through the writ petition and the reply affidavit.