Jamila Banu vs The State Of Rajasthan
2022 Latest Caselaw 3785 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3663/2022

Jamila Banu D/o Shri Kadar Bax Neelgar, Aged About 25 Years, Resident Of Village Kothiyan, Tehsil Fuliya Kalan, Kothiyan, District Bhilwara, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through The Principal Secretary, Department Of Ayurved, Government Of Rajasthan, Secretariate, Jaipur, District Jaipur, Rajasthan.

2. The Director, Department Of Ayurved, Government Of Rajasthan, Ajmer, District Ajmer, Rajasthan.

3. The Registrar, Dr. Sarvapalli Radhakrishnan Rajasthan Ayurved University, Jodhpur, District Jodhpur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Chaitanya Gahlot. For Respondent(s) : Mr. A.K. GAur, AAG Mr. Suniel Purohit.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

10/03/2022

This writ petition has been filed by the petitioner seeking a

direction to the respondents to provide the petitioner benefit of

being a divorcee for recruitment to the post of Compounder /

Nurse Junior Grade, pursuant to the advertisement dated

17.06.2021.

It is submitted by learned counsel for the petitioner that the

parties had dissolved their marriage on 15.09.2017, however,

merely because decree in this regard was passed by the

competent authority on 25.10.2021, the same cannot be a reason

for not treating the petitioner as a divorcee and therefore, the

(2 of 2) [CW-3663/2022]

respondents may be directed to include the name of the petitioner

in the provisional merit list of candidates in her category as a

divorcee.

A perusal of the record indicates that the last date of

application as per the advertisement was 23.07.2021 and the

decree dated 25.10.2021 in question produced by the petitioner as

part of Annex.5, inter-alia, reads as under :-

"okfn;k tehyk ckuw Lo;a mifLFkr] izfroknh ds fo:) ,di{kh; vkns'k] esa ikfjokfjd U;k;k/kh'k 'kkgiqjk ftyk HkhyokMk ds le{k vfUre fuiVkjs ds fy, is'k gksus ij] vkns'k fd;k tkrk gS vkSj fMØh nh tkrh gS fd okfn;k iRuh tehyk ckuw uhyxj }kjk izLrqr ;g okn i= fo:) izfroknh ifr vlye uhyxj] ckcr fookg foPNsn dh mn~?kks"k.kk ,drjQk fMØh fd;k tkdj nksuksa i{kksa ds e/; eqfLye jhfr fjoktkuqlkj fnukad 11&11&2011 dks ukckfyx voLFkk esa lEikfnr gq;s fudkg dks vkt fu.kZ; dh frfFk 25&10&2021 ls fo?kfVr fd;s tkus dh ?kks"k.kk dh tkrh gSA [kpkZ eqdnek i{kdkjku~ viuk&viuk Lo;a ogu djsaxsA"

(emphasis supplied)

A perusal of the above decree, would reveal that the

marriage of the petitioner has been dissolved from the date of

judgment i.e. 25.10.2021, which is much after the last date of

filing of the application.

In that view of the matter, the very indication made by the

petitioner in the online application claiming herself to be a

divorcee woman itself is contrary to the decree.

Consequently, the writ petition filed by the petitioner has no

substance, the same is, therefore, dismissed.

(ARUN BHANSALI),J 80-Rmathur/-

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