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.

JUDGMENT

Mehta, J. - The respondents issued a recruitment notification dated 18.01.2020 inviting applications for recruitment to the post of Stenographer Grade-III (Hindi and English) in the Districts Courts and the District Legal Services Authorities. Reservations were provided for Divorcee category women in this recruitment process. The last date of submission of online application forms was 28.02.2020.

2. The petitioner claims that she was married to one Shri Govind Sangtani @ Vicky on 07.07.2018. However, the matrimonial relationship fell out and thus, an application under Section 13B of the Hindu Marriage Act was filed on 16.09.2019. The decree of divorce was passed on 17.03.2020. The delay occurred on account of COVID pandemic and the lockdown imposed pursuant thereto. As the application under Section 13B of the Hindu Marriage Act had already been filed long before submitting the application form in the recruitment process, the petitioner applied in the category of "Divorcee Female". The result of the recruitment in question was declared on 30.06.2021. The petitioner was called for interview and document verification and was declared successful in the category of Divorcee Female. However, the previous result was cancelled and fresh result was declared because of some litigation, etc. The petitioner was again declared successful in the Divorcee Female category in the revised result and was called for interview and document verification vide Notice dated 07.12.2021. The final result was declared on 15.12.2021 wherein, a note was appended that the petitioner did not have the decree of divorce on the last date of submission of online application form i.e. 28.02.2020 and thus, she was not being considered in Divorcee Female category. Thereupon, The petitioner has approached this Court by way of this writ petition for assailing the notice dated 15.12.2021 whereby, the candidature of the petitioner has been rejected on the ground that she did not possess the decree of divorce on the last date of submission of online application form.

3. Shri Rakesh Arora, learned counsel representing the petitioner, vehemently and fervently urged that the respondents were totally unjustified in turning down the petitioner's candidature in the "Divorcee Female" category because the application for divorce by mutual consent under Section 13B of the Hindu Marriage Act had been filed well before issuance of the recruitment notification. However, the application could not be decided because of the prevailing COVID pandemic and hence, the petitioner ought to have been given appointment in the "Divorcee Female" category as per her merit. He submitted that there was no requirement in the recruitment notification that for applying in the Divorcee category, the aspirant must be holding the divorce decree. As the application had been preferred under Section 13B of the Hindu Marriage Act, grant of decree of divorce was a foregone consequence thereof. As a matter of fact, the divorce decree was granted on 17.03.2020 i.e. well before declaration of the result and thus, the impugned notice should be struck down and the respondents be directed to offer appointment to the petitioner as per her merit and performance against the seats reserved for Divorcee Female category.

4. We have given our thoughtful consideration to the submissions advanced by the petitioner's counsel and, have gone through the material placed on record.

5. The recruitment notification in question, in no uncertain terms, stipulated that the reservation was being offered to "Divorcee Female" category. For a person, applying in the said category, the status of being divorced was imperative. There is nothing in law which can permit a candidate to apply in the said category in the expectancy that a decree would be granted.

6. Be that as it may. Since the petitioner was not a 'Divorced Female' as on the last date of submission of application forms, she was not entitled to apply in the said category and