REENA TANWAR AND OTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioners seeking a direction that Clause 11.2(viii) of the advertisement dated 31.07.2018 be declared illegal and struck down and counselling list and order dated 24.09.2018 (Annex.6) be quashed.

(2.) It is, inter-alia, indicated in the writ petition that for recruitment to the post of Teacher Gr.III (Level-2) English, an advertisement dated 31.07.2018 was issued, wherein Clause 11.2(viii) provided that the decree for divorce should have been issued before the last date of on-line application and that decree issued after the last date shall not be taken into consideration. The petitioners and their husbands, had filed application under Section 13-B of the Hindu Marriage Act, 1955 ('the Act') before the competent courts on 23.04.2018/16.03.2018, which applications were pending before the Court. Pursuant to the advertisement, the petitioners applied in the category of divorcee and as per the cut-off declared by the respondents, the petitioners stood in merit. However, during course of counselling, in view of the fact that decree was granted by the competent court on 24.09.2018 in case of Anita Kumari, which was beyond the last date of filing of the application and in case of Reena Tanwar the matter was still pending, the petitioners were held ineligible.

(3.) It is, inter-lia, submitted by learned counsel for the petitioners that the petitioner No.2 had produced the decree of divorce during the course of counselling and therefore, her candidature could not be rejected by the respondents and in case of petitioner No.1 time was sought for producing the decree, which was wrongly refused. Further submissions have been made that the parties had already dissolved the marriage by mutual consent before filing of the applications and therefore, the rejection of petitioners' candidature by the respondents is not justified.