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.

Order :

(ARUN MONGA, J.)

1. Samina Bano, asserting that she is a divorcee by virtue of talaq-e-biddat (triple talaq), is before this Court seeking benefit of being considered in the special category created for divorcees for appointment on the post of School Teacher. In her petition herein she seeks following relief :-

“(a) the rejection order of the petitioner’s candidature vide order dated 11.03.2019 (Annx-10) passed by respondent No.3 and denying appointment to the petitioner on the post of School Teacher pursuant to the Rajasthan Primary & Upper Primary School Teacher Direct Recruitment, 2018 Non TSP Area Level-II may be ordered to be quashed and set aside and;

(b) the respondents may be directed to consider the decree of divorce of petitioner dated 27.02.2019 (Annex-2) coupled with her Talaqnama dated 25.12.2014 (Annex-1) on the basis of which the court has passed the decree and the actual date of divorce of the petitioner may be taken as date of her Talaknama dated 15.12.2014 (Annex-1) which is prior to the last date of the advertisement dated 25.08.2018 and accordingly respondents may be directed to grant appointment to the petitioner as School Teacher in district Bhilwara under the category of Divorcee, pursuant to the Rajasthan Primary and Upper Primary School Teacher Direct Recruitment, 2018 Non TSP Area Level-II.”

2. Brief facts of the case as pleaded are that the marriage (Nikah) of petitioner was solemnized with one Shri Abid Hussein on 16.04.2014 as per Muslim Personal Law. Later, petitioner was divorced by her husband by pronouncing triple Talaq on 25.12.2014 in presence of two witnesses, which is permissible mode of divorce in the Muslim Personal Law. The petitioner accepted Talaq and has also received her Mahr. The said Talaq reduced in writing by way of Talaqnama dated 25.12.2014 duly signed by both husband and wife, as also by two witnesses.

2.1 Thus it is asserted that w.e.f. 25.12.2014, on the basis of Talaqnama, petitioner is a Divorcee and legally entitled for remarriage. The Talaqnama dated 25.12.2014 is lawful and valid proof of her divorce, acceptable under the Muslim Personal Law. The respondents advertised vacancies for School Teacher (Level- ll) in Primary & Upper Primary School vide advertisement No 3/2018 dated 31.07.2018 under the Rajasthan Panchayat Raj Act, 1994 and Rajasthan Panchayati Raj Rules, 1996 with cut off date to apply as 25.08.2018. Nonetheless, on the basis of said Talaqnama dated 25.12.2014, petitioner filed a civil suit for declaration on 16.08.2018 before the Civil Court, Malpura. In the civil suit, Talaqnama dated 25.12.2014 was adduced as evidence, which was not opposed by the ex-husband and was also verified by the petitioner and her father. The Civil Court, accepted the Talaq of the petitioner lawful and passed declaration on 27.02.2019 in favour of the petitioner declaring the Talaqnama as legal and valid.

2.2. The petitioner has a B.Ed. degree from Rajasthan University coupled with degree of Master of Arts. The petitioner appeared and she also successfully qualified the Rajasthan Eligibility Examination for Teacher (REET) 2017.

2.3. The petitioner being qualified applied pursuant to the advertisement for appointment as School Teacher (Level-II). She was short listed to be considered for appointment as per merit list dated 05.03.2019.

2.4. The petitioner claims that she falls under the category of divorcee female on the basis of her Talaqnama dated 25.12.2014. However, the respondents did not accept the date of divorce of petitioner vide Talaqnama dated 25.12.2014 but only considered the date of decree for divorcee dated 27.02.2019. Accordingly, they rejected the candidature of the petitioner vide impugned order dated 11.03.2019 on the ground that her court decree dated 27.02.2019 is subsequent to the last date of submission of the application form i.e. 25.08.2018. Hence, this petition.

3. The stand taken by the respondents in their reply is that the condition as given in the adverti