HEMA D/O SH KARAN SINGH Vs. STATE OF RAJASTHAN THROUGH SECRETARY
LAWS(RAJ)-2018-4-46
HIGH COURT OF RAJASTHAN
Decided on April 06,2018

Hema D/O Sh Karan Singh Appellant
VERSUS
STATE OF RAJASTHAN THROUGH SECRETARY Respondents

JUDGEMENT

Pushpendra Singh Bhati, J. - (1.) The petitioner has preferred this writ petition under Article 226 of the Constitution of India claiming the following reliefs: "i) The respondents be directed to consider the case of the petitioner for appointment on the post of Informatics Assistant under the OBC Female category or in the alternative against divorcee quota with all consequential benefits. ii) Any other appropriate writ, order or direction which this Hon'ble Court considers just and proper in the facts and circumstances of the present case, may kindly be passed in favour of the petitioner. iii) Cost of the writ petition may kindly be awarded to the petitioner."
(2.) The petitioner applied for the post of Informatics Assistant, pursuant to the advertisement Annexure-1 dated 25.04.2013. The petitioner filled the application form in the category of OBC (Non-Creamy Layer); apart therefrom, the petitoner, on account of pendency of the divorce petition in the competent court, has also mentioned herself to be falling under the Divorcee category. However, the petitioner got the divorce decree only on 05.08.2014, and was provisionally selected, after undergoing the selection process, by the respondents, and she was also called upon for her documents verification on 18.09.2013, 19.09.2013 & 20.09.2013.
(3.) Thereafter, on finding that the petitioner was not falling under the Divorcee category on the date of submission of the application form, as at the relevant time, she had yet to get her Divorce decree, she was declined appointment on the post in question under the Divorcee Category on account of nonproduction of a valid decree of divorce. Aggrieved thereby, the petitioner has filed a writ petition bearing S.B. Civil Writ Petition No.11952/2013 praying for waiver of condition of production of divorce decree and for consequential appointment on the post in question; but the said writ petition was dismissed by this Hon'ble Court on 26.09.2014, refusing her prayer for grant of benefit accruing to her after passing of the divorce decree, as at the time of submission of the application form and filing of the said writ petition, the divorce decree was not passed by the competent court.;


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