Rajasthan High Court - Jodhpur
Mathaiya Kumari Jat vs State Of Rajasthan on 11 February, 2021
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2403/2021 Mathaiya Kumari Jat D/o Narayan Lal Jat, Aged About 28 Years, R/o Hanutiya, Tehsil Vijay Nagar, Dist. - Ajmer (Raj.), Presently Residing Address - Village Post - Khejdi, Tehsil Hurda, District Bhilwara, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary, Department Of Agriculture, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.
2. The Director Agriculture Directorate Jaipur, Rajasthan.
3. The Joint Director, Agriculture Directorate, Jaipur, Rajasthan.
4. The Chairman, Rajasthan Subordinate And Ministrial Service Selection Board, Jaipur, Rajasthan.
5. The Secretary, Rajasthan Subordinate And Ministrial Service Selection Board, Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. M.S. Deora
For Respondent(s) : Ms. Shalini Audichya for
Mr. Vinit Sanadhya
JUSTICE DINESH MEHTA
Order
11/02/2021
1. The petitioner has preferred the present writ petition, being aggrieved of the action of the respondent-Selection Board, which has not considered petitioner's candidature as a divorcee'.
2. The facts in brief are that a recruitment notification dated 25.05.2018 for the post of Agriculture Supervisor came to be issued by the respondents, in which certain posts were kept reserved for divorcee women. The petitioner, claiming herself to (Downloaded on 11/02/2021 at 09:36:22 PM) (2 of 3) [CW-2403/2021] be OBC Divorcee, submitted her application form on 10.08.2018.
3. The petitioner cleared her written examination, whereafter she was called for document verification, which was held between 02.09.2020 and 04.09.2020. When the petitioner appeared for document verification, instead of producing a divorce decree of the competent Family Court, she produced a certificate issued by the SDM.
4. Learned counsel for the petitioner argued that the petitioner is, as a matter of fact, a divorcee for which she had produced a certificate dated 08.06.2020 before the respondents, issued by the competent authority and thus, the respondents ought to have considered her candidature as a divorcee.
5. It was argued that the petitioner had already filed a petition under Section 13 of the Hindu Marriage Act seeking dissolution of marriage and the fact that decree came to be issued on 09.11.2020, cannot dis-entitle her from claiming reservation.
6. In the opinion of this Court, since the decree of divorce came to be issued after the last date of submitting application form, even after date of document verification, the petitioner cannot be considered as a divorcee', as already held by this Court in plathera of judgments, leading case being judgment dated 10.08.2017 in the case Suman Choudhary Vs. State of Rajasthan & Ors. (SBCWP No.9649/2017), duly followed in Priya Vyas Vs. State of Rajasthan & Ors. dated 18.01.2021 (SBCWP No.7712/2020) and Jyoti Singhal Vs. State of Rajasthan & Ors. dated 09.11.2017 (SBCWP No.14372/2017).
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7. As an upshot of the discussion aforesaid, this Court does not find any substance in the present writ petition, for which it is hereby dismissed.
8. The stay application also stands dismissed.
(DINESH MEHTA),J 54-pooja/-
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