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ARUN BHANSALI
Mamta Baliyan – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
1. This writ petition has been filed by the petitioner aggrieved against rejection of her candidature as divorcee for recruitment to the post of Teacher Grade III (Level-I) for TSP area.
2. It is inter-alia claimed that the petitioner and her husband mutually agreed to dissolve the marriage by agreement dated 17.09.2020 (Annex.5) and pursuant to the advertisement dated 31.12.2021, the petitioner applied for the post of Teacher Grade III (Level-I) claiming her status as divorcee. However, her candidature has been rejected vide Annex.6 inter-alia on the ground that her decree of divorce is dated 21.03.2022, which is after the last date of application.
3. Learned counsel for the petitioner made submissions that as the parties had dissolved their marriage by way of customary divorce by executing an agreement on 17.09.2020 (Annex.5), the respondents, were not justified in referring to the decree dated 21.03.2022 and as on the date of application/last date of application, the petitioner was a divorcee, her candidature on that count could not have been rejected by the respondents.
4. Submissions have been made that the decree dated 21.03.2022 has been obtained by the petitioner by fi
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 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 status of being divorced is imperative for a person to apply in the 'Divorcee Female' category, and the last date of submission of applica....
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 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.
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.
Eligibility criteria must be fulfilled by the last date for receipt of applications specified in the advertisement, and no relaxation is permissible for diverting from the terms and conditions of the....
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