Laxmi Meena vs State Of Rajasthan
2021 Latest Caselaw 5561 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3085/2021

Laxmi Meena D/o Shri Nenu Ram Meena, Aged About 32 Years, R/o Gandhinagar , Meenawas Mohalla , Abu Road, Distt. Sirohi , Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary , Department Of School Education , Rajasthan , Jaipur.

2. The Secretary , Panchayatiraj Department, (Elementary Education) , Secretariat , Jaipur

3. The Director , Elementary Education, Rajasthan , Bikaner

4. The Chief Executive Officer, Zila Parishad Banswara , Rajasthan

----Respondents

For Petitioner(s) : Mr. SP Sharma For Respondent(s) :

JUSTICE DINESH MEHTA

Order

25/02/2021

1. Challenging the impugned order whereby petitioner's

candidature as divorcee' woman has been rejected, learned

counsel for the petitioner submits that the petitioner hails from

tribal area and thus, provisions of Hindu Law including Hindu

Marriage Act are not applicable and thus, rejection of petitioner's

candidature for want of decree of divorce is illegal.

2. Learned counsel relies upon the judgment of Jaipur

Bench dated 17.1.2017 rendered in the case of Sunita Meena Vs.

State of Rajasthan (SBCWP No.3991/2015), upheld by the Division

(2 of 2) [CW-3085/2021]

Bench of this Court at Jaipur Bench vide judgment dated

14.7.2017 (DBSAW No.829/2017).

3. Matter requires consideration.

4. Issue notice. Issue notice of the stay application,

returnable within six weeks.

5. Notices be given 'dasti' to learned counsel for the

petitioner, if so desired.

6. Meanwhile, the post falling vacant on account of

rejection of petitioner's candidature, shall not be filled-in.

(DINESH MEHTA),J

77-CPGoyal/-

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