- (1.) The petitioner has preferred this writ petition under Article 226 of the Constitution of India, claiming the following reliefs: "A. By an appropriate writ, order or direction, any order denying the candidature of the petitioner for selection and appointment on the post of School Lecturer (Chemistry) on the ground of her category in pursuance of the advertisement dated 16.10.2015 (Annex.4) may kindly be quashed and set aside. B. By an appropriate writ, order or direction, the respondents may kindly be directed to consider the actual category of the petitioner i.e. OBC Divorcee as she had stated in the online application form instead of OBC WE and permit the petitioner in the further selection process for the post of School Lecturer (Chemistry) in pursuance of the advertisement dated 16.10.2015. C. By an appropriate writ order or direction, the respondents may kindly be directed to not to deny the selection and appointment and not to reject the candidature of the petitioner on the ground of her category i.e. OBC Divorcee instead of OBC WE. D. By an appropriate writ, order or direction, the respondents may kindly be directed to afford the appointment to the petitioner on the post of School Lecturer (Chemistry) against the category of OBC Divorcee as marks secured by her as the cut off in pursuance of the advertisement 16.10.2015, if otherwise she stands in merit against the category of OBC Divorcee with all consequential benefits."
(2.) The petitioner is aspiring for being a School Lecturer and thus, participated in the selection process initiated by the respondents in the category of OBC Women Divorcee vide advertisement dated 16.10.2015 for the subject Chemistry. The petitioner got married on 29.11.2008 and got divorced and the divorce decree dated 17.03.2012 is Annexure-3. The petitioner filled online application form on 20.11.2015, which is Annexure-5 of the writ petition. The petitioner was remarried on 17.04.2016 and the marriage certificate is Annexure-7.
(3.) Learned counsel for the petitioner states that the present controversy is squarely covered by the decision of this Court passed in the matter of Madhu Balotiya Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.9159/2017) decided on 12.12.2017, which reads as under: "1. This writ petition under Article 226 of the Constitution of India has been preferred with the following prayers:- , "(i) the respondent commission may kindly be directed to consider and recommend the name of the petitioner for appointment on the post of Lecturer (School Education), Political Science in pursuance of the advertisement dated 16.10.2015 (Ann.3) in the category of divorcee. (ii) The respondent State may kindly be directed to appoint the petitioner on the post of Lecturer (School Education), Political Science in pursuance of the advertisement dated 16.10.2015 (Annx.3) with all consequential and notional benefits. (iii) Any other relief which this Hon'ble Court deems just and proper in favour of the petitioner, may kindly be granted and. (iv) The cost of the writ petition be allowed in favour of the petitioner." 2. Brief facts of this case, as noticed by this Court, are that the petitioner got married on 30.11.2012 with one Shri Vinod Morya. The marriage did not work out and resulted into a divorce between the parties on 19.08.2014. The respondents conducted a selection exercise for the post of Lecturer (School Education) in various Subjects by advertisement dated 16.10.2015 and the petitioner participated in the said selection process as an aspirant for the post of Lecturer (School Education) in the Subject of Political Science in the divorcee category. 3. Subsequently, the petitioner got re- married on 04.02.2016, which was much ahead of the aforementioned advertisement as well as filling of her application form for the recruitment process.;