The High Court dismissed an appeal challenging a recruitment status assignment. It held the appellant was ineligible for the 'divorcee' category because her divorce decree date fell after the last application submission date, relying on Ashok Kumar Sonkar.
Appeal dismissed with no merit found.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 289/2021
Sushila D/o Dharampal, Aged About 29 Years, Vpo Ninan, Tehsil Bhadra, District Hanumangarh (Raj.)
----Appellant
Versus
----Respondents
| For Appellant(s) | : Mr. |
Vishal Singhal |
|---|---|---|
| For Respondent(s) | : --- |
HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
06/08/2021
Heard learned counsel for the appellant.
Learned counsel for the appellant has reiterated the submissions advanced before the learned Single Judge. He has submitted that before the examinations were conducted, the appellant had secured the decree of divorce. Therefore, the case of the appellant should have been considered in the category of ‘divorcee’ candidate.
We have considered the submissions made at the Bar.
(2 of 2)
[SAW-289/2021]
The last date for submission of the application was admittedly 03.08.2018 and the decree of divorce was granted in the case of the appellant on 12.04.2019 (wrongly recorded as 15.01.2019 in the order dated 18.01.2020). Therefore, on the last date of application the status of the appellant was not a ‘divorcee’ and hence, she was not liable to be considered in the category of ‘divorcee woman’. The view taken by the learned Single Judge is in conformity with the law laid down by the Hon’ble Supreme Court in Ashok Kumar Sonkar vs. Union of India [(2007) 4 SCC 54] . We find no merit in the instant appeal.
The appeal is, therefore, dismissed.
(VINIT KUMAR MATHUR),J
(INDRAJIT MAHANTY),CJ
3-MohitTak/-
2 issues framed by the court
Whether the appellant was eligible to be considered in the 'divorcee' category for recruitment as she obtained the divorce decree after the last date of application.
If the divorce decree date listed in an application order is incorrect, does it affect the eligibility status determined as of the last submission date.
Colour shows how this judgement treated each authority
Ashok Kumar Sonkar vs. Union of IndiaApplied¶20
Ashok Kumar Sonkar vs. Union of India [(2007) 4 SCC 54] · Who else cites this
Sushila D/o Dharampal
State Of Rajasthan
Indrajit Mahanty
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
