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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Samina Bano @ Salma, D/o Shri Fakir Mohammed Rangraje – Appellant
Versus
Director, Elementary Education, Rajasthan, Bikaner – Respondent
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 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.
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....
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.
Judicial discipline requires that conflicting decisions by co-equal benches be resolved by a larger bench to ensure legal certainty.
No relaxation is permissible for diverting from the terms and conditions of the advertisement, and allowing relaxation beyond the permissible limits would derail the recruitment process.
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