Dismissed

Lata D/O Shri Jagdish Kharwad v. State of Rajasthan

Rajasthan HC22 Oct 2020CW/10382/2020

Case brief

AI extract

What is this about?

In a special civil writ petition, petitioner, holding a divorce decree post-application closing date but pre-examination, challenged State of Rajasthan's refusal to consider her under 'Divorcee' category for Agriculture Supervisor recruitment. Court held different cutoff dates apply for exams versus status and dismissed petition.

What did the court decide?

Petitioner's claim for consideration under divorcee category dismissed; writ petition dismissed.

Lata D/O Shri Jagdish Kharwad Vs State of… — Pension and Retirement Benefits | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No.10382/2020

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Lata D/o Shri Jagdish Kharwad, Aged About 27 Years, Resident Of Near Balaji Mandir, Vpo Saradhana, Tehsil And District Ajmer (Rajasthan)

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Agriculture, Government Of Rajasthan, Secretariat, Jaipur.

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The Director, Agriculture Directorate, Rajasthan, Jaipur.

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The Chairman, Rajasthan Subordinate And Ministerial Services Selection Board, Jaipur, District Jaipur, Rajasthan

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The Secretary, Rajasthan Subordinate And Ministerial Services Selection Board, Jaipur, District Jaipur, Rajasthan

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----Respondents

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For Petitioner(s) : Mr. Amit Punia For Respondent(s) :

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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22/10/2020

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The petitioner submits that she has been granted a decree of divorce on 21.01.2019 and therefore, she should be treated and considered under Divorcee Category for the post of Agriculture Supervisor.

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Learned counsel for the petitioner submits that the advertisement for filling up the post was issued by the respondents wherein last date of submission of the application form was 03.08.2018 and the written examination was held on 03.03.2019. As per the advertisement, a candidate who secured

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(2 of 3) [CW-10382/2020]

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educational qualification upto 03.03.2019, however, the

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petitioner’s candidature as a divorcee, is not being considered solely on the ground that she did not have divorce decree as on the last date of submission of the application form i.e. 03.08.2018 although she possesses the divorce decree before the date of written examination. Learned counsel further submits that the cut off date having been changed for educational purposes should be identical for the purpose of knowing the status of the candidate and the decree of divorce which has been granted prior to the date of written examination must be considered for the status of the petitioner in divorce category.

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I have considered the submissions as above.

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The last date of submission of the application form is the date on which a person’s status is required to be examined. It is only with regard to the educational qualification that the Rajasthan Various Amendment Service Rules, 1999 came into force wherein it was provided as under:

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“Provided that the person who has appeared or is appearing in the final year examination of the course which is the requisite educational qualification for the post as mentioned in the rules or schedule for direct recruitment, shall be eligible to apply for the post but he/she shall have to submit proof of having acquired the requisite educational qualification to the appropriate selection agency:-

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(i) before appearing in the main examination, where selection is made through two stages of written examination and interview;

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(ii) before appearing in interview where selection is made through written examination and interview;

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(iii) before appearing in the written examination or interview where selection is made

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(3 of 3)

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[CW-10382/2020]

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through only written examination or only interview, as the case may be.”

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Accordingly, the advertisement mentions of examining the educational qualification as on the date of examination, however, so far as the status of the petitioner is concerned, the same is required to be seen as on the last date of application form. There can be two different cut off dates for two different purposes as above and no objection can be raised with regard to the same.

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In view thereof, the claim of the petitioner for being considered in the divorcee category is not found to be made out. The writ petition is found to be devoid of merit and the same

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is accordingly dismissed.

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(SANJEEV PRAKASH SHARMA),J

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SAURABH YADAV /670/18

Lata D/O Shri Jagdish Kharwad v. State of Rajasthan

Case brief

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Lata D/O Shri Jagdish Kharwad v. State of Rajasthan

Case brief

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