Rajasthan High Court - Jodhpur
Sangeeta Varhat vs State Of Rajasthan on 30 March, 2021
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7281/2019
Sangeeta Varhat D/o Rooplal Ji Varhat, Aged About 35 Years,
Ward No. 9, Sadiya Fala, Post Sanchiya, District Dungarpur,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur,
Rajasthan.
2. Director, Department Of Secondary Education, Bikaner,
Rajasthan.
3. Secretary, Rajasthan Public Service Commission, Ajmer.
4. Deputy Secretary, Rajasthan Public Service Commission,
Ajmer.
----Respondents
For Petitioner(s) : Mr. Ritu Raj Singh Rathore
For Respondent(s) : Mr. Khet Singh
Mr. Tarun Joshi through Cisco Webex
App
JUSTICE DINESH MEHTA
Judgment
30/03/2021
1. By way of the present writ petition, the petitioner has sought
direction to the respondents for appointment on the post of Senior
Teacher (Sanskrit), under divorcee' category, pursuant to the
advertisement dated 13.07.2016.
2. The petitioner was provisionally selected in the recruitment
process of 2016 and by way of the communication dated
06.05.2019 she was asked to submit following documents :-
(2 of 3) [CW-7281/2019]
(i) Marriage Certificate
(ii) Decree of Divorce
(iii) Post Graduation Degree/Provisional Certificate
(iv) B.Ed. Degree/Provisional Certificate
3. In relation to the decree of divorce, the petitioner pleaded
that her marriage had been dissolved as per 'Chheda Fadna'
custom prevalent in their community, and in support thereof she
had furnished affidavit dated 15.05.2019.
4. Learned counsel for the petitioner highlighting that the
petitioner hailing from Tribal Subplan Area is a 'Bheel' by caste,
submitted that being a person belonging to Scheduled Tribe
community, provisions of Hindu Marriage Act are not applicable to
her in light of provisions contained in Section 2(2) of Hindu
Marriage Act, 1955.
5. In support of his contention that practice of dissolution of
marriage by consent before the 'Panchayat' is in vogue and a
practice accepted and prevailing since ages, learned counsel relied
upon certificates issued by the Gram Panchayat, Chidiyawas and
Panchayat Samiti, Talwada.
6. In support of this submission aforesaid, learned counsel
relied upon the judgment of this Court in the case of Sunita
Meena Vs. State of Rajasthan & Ors : SB CWP No.3991/2015,
decided on 17.01.2017 passed by Jaipur Bench of this Court;
judgment dated 12.09.2019 rendered by the Coordinate Bench of
this Court in the case of Lalita Charpota Vs. State of Rajasthan &
Ors : SB CWP No.8619/2017 and Indra Rana Vs. State of
Rajasthan & Ors : SB CWP No.11534/2019, decided on
13.01.2021 passed by this Court.
(3 of 3) [CW-7281/2019]
7. It was also pointed out by learned counsel for the petitioner
that during the recruitment process, in the meantime the
petitioner had filed a suit for declaration (for dissolution of
marriage), which had been decreed by the Competent Court on
23.11.2019. He argued that the petitioner is, therefore, entitled to
be considered as a 'divorcee'.
8. Mr. Tarun Joshi, learned counsel for the respondents, is not
in a position to dispute the fact that the petitioner belongs to
Scheduled Tribe and 'Chheda Fadna' - customary dissolution of
marriage, is an acceptable and a legally recognised practice of
divorce in their community.
9. In view of the aforesaid and following the judgments
rendered in the cases of Sunita Meena, Lalita Charpota and Indra
Rana (supra), the writ petition is allowed.
10. The respondents are directed to consider petitioner's case in
the category of 'divorcee' and accord her appointment, if she is
otherwise eligible and meritorious.
11. Petitioner may also place on record the decree dated
23.11.2019 declaring that petitioner's marriage has been
dissolved.
12. Needful be done within a period of eight weeks from today.
13. Stay application too stands disposed of accordingly.
(DINESH MEHTA),J
204-A,Arora/-
Powered by TCPDF (www.tcpdf.org)
