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REKHA BORANA
Vinod Yogi – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Brief facts of the matter are as under : -
1. The present petitioner applied for the Teacher Grade III Direct Recruitment Competition Examination, 2013 (Level I General Teacher). While applying online, she applied in the category of divorcee. After declaration of the result, the petitioner stood in merit and therefore was called for the document verification vide order dated 02.06.2018. On the date of document verification she was not in possession of any divorce decree as was required in terms of Sub-Clause (ix) and (x) of Clause 11.2 of the advertisement and therefore, she was not afforded appointment. Aggrieved against the same, the present writ petition has been filed.
2. A perusal of the record shows that an application under Section 13-B of the Hindu Marriage Act, 1955 (hereinafter referred to as "Act of 1955") was moved on behalf of the petitioner and her husband on 04.06.2018, that is, after the date of the issuance of the order for document verification.
3. Counsel for the petitioner submitted that vide customary rituals, "chhutpalla" had already taken place between the parties on 23.10.2015 and therefore the petitioner had effectively been judicially separated since
The possession of a valid divorce decree at the time of application is essential for claiming eligibility as a divorcee for a specific position, and shifting stands on the validity of a separation do....
The main legal point established in the judgment is that the date of the decree obtained under Section 13 B of the Hindu Marriage Act, 1955 is crucial in determining the divorcee status for specific ....
The main legal point established in the judgment is that the status of being divorced is imperative for a person to apply in the 'Divorcee Female' category, and the last date of submission of applica....
The status of being divorced is imperative for applying in the 'Divorcee Female' category, and the last date of submission of application forms is crucial for determining eligibility.
Eligibility criteria for a specific category in a recruitment process must be met based on the requirements stated in the notification, and a nuptial relationship for Hindus can only be annulled by a....
The court upheld that a decree of divorce from a competent court is mandatory for eligibility in the divorcee category for recruitment, regardless of personal law.
Judicial discipline requires that conflicting decisions by co-equal benches be resolved by a larger bench to ensure legal certainty.
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