BENCH AT JAIPUR vs State Of Rajasthan, Though, Secretary, Information

Judgment

1. State Of Rajasthan, Though, Secretary, Information Technology And Communication Department, Govt. Of Rajasthan, Secretariat, Jaipur (Raj.)302005

2. Joint Director And Head Of The Office, Information Technology And Communication Department, It Building, Yojana Bhawan Parisar, Tilak Marg, C-Scheme, Jaipur -

3. Secretary, Rajasthan Staff Selection Board, Krishi Prabandh Sansthan Parisar, Durgapura, Jaipur-302018. ----Respondents For Petitioner(s)

: Mr. Anand Sharma for Mr. Arvind Kumar Sharma For Respondent(s) : HON'BLE MR. JUSTICE ANAND SHARMA Order 29/08/2025

1. Petitioner has filed the instant writ petition for seeking direction against the respondents to appoint the petitioner on the post of Informatics Assistant by considering her candidature in the category of General Divorcee.

2. It is stated by learned counsel for the petitioner that Respondent No.3 issued an advertisement for inviting applications from all eligible persons on the post of Informatics Assistant by way of issuing advertisement dated 16.01.2023 and the last date for submitting application was 25.02.2023. [2025:RJ-JP:34741] (2 of 5) [CW-12374/2025]

3. Learned counsel for the petitioner submits that although on the last date of submitting application, the petitioner was not having decree of divorce yet, such decree was granted to her on 25.05.2023. Under these circumstances, although initially petitioner filled the application form in 'Married' category, yet on account of granting liberty for making correction in the application form vide office order dated 29.01.2024 issued by respondent No.3, she made necessary corrections and submitted the corrected application in Divorcee Category. Learned counsel further submits that thereafter, the petitioner was allowed to appear in the examination by showing her category to be Divorcee yet, by making final selection, she has not been considered only on account of the fact that her decree of divorce was much later than the last date of submitting application.

4. Learned counsel for the petitioner submits that under the circumstances, where the Respondent No.3 itself extended the date by way of issuing office order dated 29.01.2024 by allowing the respective candidates to make necessary changes including their marital status, it should have been considered by Respondent No.3 that all those candidates who are having eligibility till the last date of making correction in the application form were eligible and treating them eligible, they should have been granted appointment in their respective category.

5. Learned counsel for the petitioner also relied upon the judgment of this Court in case of Ravindra Kumar Poswal Vs. State of Rajasthan, 2018 4 WLN 453 & Jhabarmal Garhwal Vs. Rajasthan Public Service Commission (D.B. Special Appeal Writ No.1488/2016 & other connected appeal [2025:RJ-JP:34741] (3 of 5) [CW-12374/2025] decided on 26.05.2017), in order to support his contention that whenever the date for making corrections is extended, eligibility should be considered by taking the last date of correction as relevant date and not the last date of submitting application form.

6. I have considered the submissions made by learned counsel for the petitioner and perused the record.

7. Bare perusal of advertisement dated 16.01.2023 would make it clear that Respondent No.3, in the sub-clause(5) of Clause 3 of the advertisement itself, has explicitly mentioned that the candidates applying in the category of Divorcee were required to produce decree of divorce granted by the competent Court prior to last date of submitting the application form. Similar, condition has been repeated in Clause No.16(xii) of the advertisement. The aforesaid conditions of advertisement have not been challenged by the petitioner in the instant writ petition.

8. It is relevant to mention that while prescribing reservation for divorcees vide notification dated 22.12.2015, it has been clearly prescribed that the candidate applying in Divorcee Category is required to submit decree of divorce for the purpose of considering her eligibility. The condition of the advertisement was also quite clear in this regard. Even otherwise, it is settled proposition of law that eligibility of the candidate can be seen only on the last date of submitting the application form and not thereafter.

9. Bare perusal of order dated 29.01.2024 issued by Respondent No.3 would make it clear that vide above order, simply liberty was granted by Respondent No.3 to make any corrections in the categories earlier mentioned, however, allowing [2025:RJ-JP:34741] (4 of 5) [CW-12374/2025] such corrections would not confer eligibility upon the respective candidates, for the reason that fundamental principle is that the eligibility is to be seen on the last date of submitting application form.

10. In the judgment of Ravindra Kumar Poswal (supra) & Jhabarmal Garhwal (supra), this Court was examining the issue altogether different facts. Order dated 26.05.2017 passed by the Co-ordinate Bench of this Court in case of Jhabarmal Garhwal (supra), would make it clear that the last date of submitting application form was 28.11.2014 and prior to that the petitioner therein acquired the certificate of ex-serviceman. Similarly, in the other case Ravindra Kumar Poswal (supra), also eligibility was already there with the petitioner and it has never ever been held by this Court that the correction can be allowed to the extent to permit the persons who became eligible even after last date of submitting the application form.

11. In the case of Shalu Vs. State of Rajasthan passed by the Co-ordinate Bench of this Court at Principal Seat, Jodhpur in S.B. Civil Writ Petition No.10003/2023 decided on

25.07.2023, in the similar circumstances, this Court was examining the claim of female candidate, who was married on the last date of submitting the application form and decree of divorce was acquired by her after such last date. While considering such facts, this Court has held that the candidate was required to submit decree of divorce prior to the last date of submitting application.

12. Similar view has been taken by the Co-ordinate Bench of this Court at Principal Seat, Jodhpur in the case of Prabha [2025:RJ-JP:34741] (5 of 5) [CW-12374/2025] Sharma Vs. State of Rajasthan & Ors., decided on

20.11.2023.

13. In view of above, no case for interference is made out. Hence, the writ petition filed by the petitioner stands dismissed. DIVYA /4 (ANAND SHARMA),J