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2019 Supreme(Raj) 2329

ARUN BHANSALI
Suman Bishnoi – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. J.K. Vishnoi, Advocate, for the Appellant

JUDGMENT

1. This writ petition has been filed by the petitioner aggrieved against the order dated 22.2.2019 (Annex.7), whereby, the candidature of the petitioner has been rejected.

2. It is inter alia claimed in the writ petition that the petitioner got married with one Shri Ashok Bishnoi, however, due to matrimonial dispute she started living separately and, whereafter, made an application under Section 13B of the Hindu Marriage Act, 1955 (the Act, 1955) before the Family Court No. 1, Bikaner.

3. An advertisement dated 20.7.2018 was issued by the respondents for recruitment to the post of Jail Warder. The petitioner applied for the said post in the category of OBC divorcee woman. The petitioner pursuant to the selection got her documents verified, however, during verification of the documents, her candidature was not considered by the respondent as the decree of divorce produced by the petitioner was after the last date of the application.

4. It is submitted by learned counsel for the petitioner that the action of the respondents in rejecting the candidature of the petitioner is not justified inasmuch as the petitioner was living separately from her husband when she applied for the po

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