A Special Leave Petitioner appealed the dismissal of her writ petition challenging rejection for appointment in the reserved category of divorced women. The High Court held that since the selection process ended before her divorce was decreed, she cannot claim reservation.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Special Appeal Writ No. 57/2021
Aneshi Kumari Choudhary D/o Kishan Lal Choudhary, Aged About 28 Years, R/o Rupchadi Khurd, Chaksu, District Jaipur, Rajasthan.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Mahendra Kumar Nahar For Respondent(s) :
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MS. JUSTICE REKHA BORANA
Order
12/11/2021
This appeal is filed by the original petitioner to challenge the judgment of learned Single Judge dated 08.12.2020 rejecting her petition.
Brief facts are that the petitioner had applied for selection to the post of Jail Prahari for which the recruitment advertisement was issued by the State Government on 29.10.2015. At the time of application, the petitioner was a married woman. Much later on 30.06.2017, she filed petition for divorce. The decree of divorce was granted by the Competent Court on 18.08.2018. The final
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[SAW-57/2021]
result was declared on 07.08.2018. On 18.10.2018, her candidature was cancelled and other eligible and suitable candidates were included. Eventually, the appointment orders were issued on 13.02.2019.
The petitioner approached the learned Single Judge complaining about not being offered appointment in the reserved category of divorcee woman. The learned Single Judge dismissed the writ petition on the ground that though the status of a woman can be changed during the pendency of the selection process as a divorcee, in the case on hand, the selection process was completed and the final result was also declared on 07.08.2018 which was before the petitioner was granted decree of divorce.
Learned counsel for the appellant-original petitioner vehemently contended that the learned Judge has committed an error in rejecting the petition when the petitioner had already been divorced at the stage when the selection was not yet completed.
Learned counsel for the petitioner was unable to show the clause in the Service Rules or in the advertisement which would permit a candidate to change the category midway through the selection process. Ordinarily, the qualification of the candidate is to be ascertained as on the date provided in the recruitment rules failing which as mentioned in the advertisement failing which last date for receiving the application as provided in the advertisement. In the present case, we proceed on the basis that considering the special requirements, the status of a woman can also be permitted to be changed during the ongoing selection process. However this turn during the selection process, must have its interpretation based on the special circumstances. It may
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be that under ordinary service parlance, the selection process can be seemed to be continued till the final orders of appointment are issued and only thereupon it can be said that the selection process is completed. However when a candidate is allowed to change the category during the ongoing selection process, the selection process must be seemed to be completed when final results are issued on the basis of select list so prepared. Any other view would bring about uncertainty and fluidity in the selection process. For example, once the results are declared and select list is prepared, if the candidate is allowed to change the category, a person in the select list may have to be removed from the list. This cannot be the intention of the Rule Making Authority.
In the result, the appeal is dismissed.
(REKHA BORANA),J
(AKIL KURESHI),CJ
N.Gandhi/HARSHIT PAREEK/S-80
1 issue framed by the court
Whether a candidate undergoing divorce during the selection process can claim reservation under the divorcee category for appointment.
Aneshi Kumari Choudhary
The State Of Rajasthan
Akil Kureshi
Rekha Borana
As recorded by the court registry
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