Sangeeta Saini Daughter Of Shri ... vs State Of Rajasthan
2022 Latest Caselaw 7560 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 8810/2020

Sangeeta Saini Daughter Of Shri Mali Ram Saini, Aged About 29
Years, Resident Of Ward No. 3, Village Arniya, Tehsil
Shrimadhopur, District Sikar (Rajasthan)
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through Its Principal Secretary,
        Department Of Agriculture, Government Secretariat,
        Jaipur, Rajasthan.
2.      Chairman, Rajasthan Staff Selection Board, State
        Agriculture Management Institution Premises, Durgapura,
        Tonk Road, Jaipur Rajasthan.
                                                                ----Respondents

For Petitioner(s)        :     Mr. Nitesh Kumar Garg
For Respondent(s)        :     Mr. Fahad Hasan & Mr. Kashif Hussain
                               for
                               Mr. Abdul Wahid Naqvi


             HON'BLE MR. JUSTICE SAMEER JAIN
                          Order

01/12/2022

The present writ petition is filed challenging the impugned

actions of the respondents, whereby they did not select the

petitioner on the post of Agriculture Supervisor, on the ground

that the divorce decree, under which the petitioner had claimed

reservation, was granted to the petitioner after filling the

application form, against the advertisement dated 25.05.2018.

Learned counsel for the petitioner has submitted that as per

the advertisement dated 25.05.2018, the petitioner was entitled

for selection on the post of Agriculture Supervisor.

Per contra, learned counsel for the respondents raised some

preliminary objections. Firstly, it was submitted that the decree of

divorce, under which the petitioner had claimed reservation, was

issued in favour of the petitioner on 18.01.2019, which was

(2 of 2) [CW-8810/2020]

subsequent to the date of the advertisement and hence, it did not

fulfill the requisite terms and conditions as provided under the

said advertisement. Secondly, it was submitted that the selection

process for the said post concluded on 27.07.2020, and hence, it

was not in operation anymore. Thirdly, it was argued that the

candidates who were selected vide the selection process, were not

impleaded as necessary parties in the present writ petition. Hence,

there are no merits in the present writ petition and accordingly, it

deserves to be dismissed.

Considering the said arguments and the fact that the

selection process for the said post concluded wayback in the year

2020; that the selected candidates for the said post are not

impleaded as necessary parties in the present writ petition and

that the decree of divorce, under which the petitioner had claimed

reservation was issued in favour of the petitioner subsequent to

the date of the advertisement, which was against the stipulations

prescribed under the advertisement dated 25.05.2018 and relying

upon the judgment of this Court in S.B. Civil Writ Petition

No.2332/2020 titled as Sumitra Rani Vs. State of Rajasthan

& Ors., wherein it was held that the petitioner cannot be treated

as a divorcee and claim reservation meant for such a category till

the divorce decree is granted in their favour, this Court is inclined

to dismiss the present writ petition.

Hence, the writ petition is dismissed accordingly.

(SAMEER JAIN),J

CHARU SONI /94

Powered by TCPDF (www.tcpdf.org)