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2021 Supreme(Raj) 1166

DINESH MEHTA
Rehmat Bibi – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Firoz Khan, Advocate
For the Respondents:Kailash Choudhary, Advocate

JUDGMENT :

Dinesh Mehta, J.

1. Feeling aggrieved of rejection of her candidature as a divorcee candidate, petitioner has approached this Court by way of filing a writ petition under Article 226 of the Constitution of India.

2. The facts appertain are that the petitioner applied for the post of Teacher Grade-III Level 2 subject-Urdu, pursuant to recruitment notification dated 31.07.2018. Petitioner submitted her application form as a divorcee candidate on 22.08.2018, while the last date of furnishing application form was 25.08.2018.

3. The respondents rejected petitioner's candidature as a divorcee, because she did not have a decree of divorce till last date of submitting application form.

4. The decree of divorce, however, came to be issued on 19.09.2018 by Family Court, Dungarpur.

5. Learned counsel for the petitioner submitted that, when the petitioner had furnished her application form, she had already applied for declaration of dissolution of marriage under the provisions of the Dissolution of Muslim Marriage Act, 1939 but the final decree came to be issued on 19.09.2018 - only 25 days after submitting the application form and thus, petitioner's candidature as a divorcee could not ha

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