[2026:RJ-JP:7051]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2300/2026 Saroj Bai Meena D/o Lachchhu Meena, Aged About 31 Years, R/o Kharera Piloda Wazirpur, District Sawai Madhopur, (Raj.) -

322205 ----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Medical And Health Department, Govt. Of Rajasthan, Secretariat, Jaipur (Raj.) 302005

2. Director, National Health Mission, Swasthya Bhawan, Ashok Nagar, Near Secretariat, Jaipur, Raj, 302005.

3. Rajasthan Staff Selection Board, Through Secretary, Rajya Krishi Prabandh Sansthan Parisar, Durgapura, Jaipur-302018

4. Director, State Institute Of Health And Family Welfare, Jaipur Jhalana Institutional Area, Jaipur, 302015 ----Respondents For Petitioner(s) : Mr. Anand Sharma, Adv.

For Respondent(s) : Mr. Archit Bohra, AGC Mr. Sandeep Maheshwari, Adv.

HON'BLE MR. JUSTICE ANAND SHARMA

Judgment

13/02/2026

1. This writ petition has been filed by the petitioner with following prayers:-

“In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon’ble Court may graciously be pleased to :-

a. Issue an appropriate writ, order or direction, including a writ of certiorari/quashing, quashing and setting aside the action, decision and condition imposed by the respondents insisting upon obtaining a decree of divorce under Section 13-B of the Hindu Marriage Act, 1955, as being illegal, arbitrary and without authority of law.

b. Issue an appropriate writ, order or direction, including a writ of mandamus, directing the respondents to treat and consider the petitioner as a divorced woman under Scheduled Tribe (ST) Divorcee Category on the basis of customary divorce duly declared and confirmed by the competent Civil Court vide judgment dated 17.05.2024.

c. Declare that for members of Scheduled Tribe community, where the Hindu Marriage Act, 1955 is not applicable in absence of notification under Section 2(2), customary divorce duly recognized and declared by a competent court is valid and sufficient proof of divorce for the purpose of reservation under Rule 7-B of the Rajasthan Medical & Health Subordinate Service Rules, 1965.

d. Direct the respondents to complete the document verification and selection process of the petitioner for the post of Community Health Officer (CHO) – Contractual Recruitment-2025, by considering her candidature in ST Divorcee Women Category, and to grant her all consequential benefits.

e. Declare the impugned action of the respondents as violative of Articles 14, 16 and 21 of the Constitution of India and contrary to principles of natural justice.

f. Pass any other order or direction which the Hon’ble Court may deem just and proper in the facts and circumstances of the case, in favour of the petitioner.”

2. It is stated by learned counsel for the petitioner that the petitioner participated for appointment under the Rajasthan Contractual Hiring to Civil Post Rules, 2022 pursuant to advertisement dated 28.01.2025, wherein the post was also reserved for divorcee as well as persons having judicial separation. Learned counsel submits that although, the petitioner secured sufficient marks to find her name in the merit list, yet during the process of document verification, she was asked to produce decree of divorce under Section 13B of Hindu Marriage Act, 1955. Learned counsel submits that since, Hindu Marriage Act does not apply to the petitioner, therefore, the petitioner approached the Civil Judge, Gangapurcity, District Sawai Madhopur for annulment of her marriage and after examining the application, on the basis of consent of both the parties, decree of dissolution of marriage has been granted by the Competent Civil Court on 17.05.2024. Learned counsel submits that as per the requirement of the advertisement as well as notification issued by the State Government for granting reservation to divorcee, a person is required to produce valid decree issued by the Competent Court and there is no reference whatsoever