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2022 Supreme(Raj) 1249

REKHA BORANA
Vinod Yogi – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. Rajesh Choudhary, Advocate, for the Petitioner
Mr. Pankaj Sharma, AAG through VC assisted by Mr. Deepak Chandak, Advocate, for the 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

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