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Shorn of unnecessary details, the facts necessary for the adjudication of the present writ petition are that the petitioner, married to one Pukhraj Choudhary, was having requisite qualification of BSTC and REET for appointment on the post of Teacher Grade-III, Level-I. (2 of 10) [CW-9649/2017] An advertisement dated 6.7.2016, came to be issued, inviting applications for the post of Teacher Grade-III. The petitioner submitted her application form on 25.7.2016, showing herself as a divorcee' and staked her claim against the seats reserved for divorcee'. Petitioner's such claim of a divorcee' woman was based on the fact that the petitioner had submitted a petition for mutual divorce under Section 13-B of the Hindu Marriage Act, 1955 on 22.7.2016.

^^c½- efgykvksa gsrq vkjf{kr n'kkZ;s x;s inksa esa ls fu;ekuqlkj 8 izfr'kr in fo/kok ,oa 2 izfr'kr in ifjR;Drk ¼fofNUu fookg efgyk½ ds fy;s vkjf{kr gSA ;fn i;kZIr fo/kok vH;kFkhZ miyC/k ugha gksrh gS rks fo/kok ds fy, vkjf{kr in dks mlh Js.kh dh ifjR;Drk ¼fookg fofPNUu efgyk½ ls Hkjk tk;sxkA blh izdkj ;fn i;kZIr ifjR;Drk vH;FkhZ miyC/k ugha gksrh gS rks buds fy, vkjf{kr in dks mlh Js.kh dh fo/kok efgyk ls Hkjk tk;sxkA fdlh oxZ ¼lkekU;@v- tk-@v-t-tk-@fio@fofio½ dh ik= ,oa mi;qDr fo/kok@ifjR;Drk efgyk ¼fofNUu fookg efgyk½ vH;FkhZ miyC/k ugha gksus ij ml in dks mlh oxZ dh @esa ojh;rk izkIr vU; efgyk vH;fFkZ;ksa ls Hkjk tk;sxkA l½- eqfLye ifjR;Drk efgykvksa ds ekeys esa U;k;ky; dh rykd dh faMØh ds vykok rykdukek tkjh djus gsrq vf/kd`r dkth }kjk tkjh rykdukek Hkh ekU; gksxk ijUrq bl ckcr~ efgyk dks lekt ds nks izfrf"Br O;fDr;ksas dk LVkEi isij ij 'kiFk i= Hkh izLrqr djuk gksxk tks muds rykd dks izekf.kr djsa ,oa lkFk gh efgyk Lo;a dks Hkh bl laca/k esa Lo;a dk 'kiFk i= Hkh izLrqr djuk gksxkA (4 of 10) [CW-9649/2017] ¼x½ v-tk-@v-t-tk-@fi-o-@fo-fi-o-@fo'ks"k ;ksX;tu dk izek.k i= vkWuykbu ,Iyhds'ku QkeZ esa izkfIr dh vafre fnukad ds iwoZ dk tkjh gksuk pkfg,] vU;Fkk vafre fnukad ds ckn tkjh gq, izek.k i=ksa ds vH;fFkZ;ksa dks oxZ fo'ks"k dk ykHk foKkfir inksa gsrq ns; ugha gksxk vkSj uk gh bl laca/k esa fdlh izkFkZuk&i= ij fopkj fd;k tkosxkA** While navigating the Court through the aforesaid clauses of advertisement dated 6.7.2017, learned counsel for the petitioner contended that in case of reservation vis-a-vis General, SC/ST, OBC and SBC, there was a clear stipulation that the candidates should have a certificate issued on a date, prior to the last date of submitting the application form, whereas there was no such condition when it comes to divorcee women. He further pointed towards clause 'l' of aforesaid 'Li"Vhdj.k' in relation to Muslim Divorcee, which stipulates that on the last date of filling up the application form, the candidate should either furnish decree or a 'Talaqnama' issued by 'Kazi', in which also there is no stipulation for any last date of issuance of 'Talaqnama'.

In view of unambiguous language as contained in sub- section (2) of Section 13-B of Hindu Marriage Act, the petitioner's marriage has dissolved w.e.f. 27.6.2017, when the decree of divorce has been issued. As such the petitioner can be treated to be a divorcee' only w.e.f. 27.6.2017. The petitioner in such circumstances cannot be said to be or treated to be a divorcee, on the date of submitting the application form.

The matrimony comes to an end only on the issuance of a decree of divorce and till then, husband and wife continues to remain in the wedlock, despite all the differences and disputes.

The condition of being a candidate belonging to a particular caste is by virtue of birth and the certificate is a mere documentary proof. Whereas the divorce is a judicial process and the marriage gets dissolved only on passing a decree under the provisions of Hindu Marriage Act, 1956. The incidence of divorce or status of divorcee is attained on the dissolution of marriage.

(8 of 10) [CW-9649/2017] The decree of divorce is not a certificate, but a foundation of divorce. A person would continue to belong to a particular caste or class, notwithstanding a caste certificate, but a person cannot be called a divorcee, unless a decree of divorce has been issued. As such there was no requirement of providing that the decree of divorce should be of a prior date. Same is the situation of widowhood. Conceiving such an expression much less providing, would be preposterous, 'that in case of a widow, the death certificate of husband of a candidate should be of a prior date than the date of advertisement.