- The Rajasthan HC, in Parul Khurrana vs. The High Court of Judicature for Rajasthan & anr. has held that there is nothing in law that allows for a woman, not yet divorced, to seek reservation under the ‘Divorcee Female’ category.
- In the instant case, the petitioner had filed a writ petition as her candidature was rejected as she did not possess a decree of divorce on the last date of submission of her application for the post of Stenographer Grade- III in the District Court
- The petitioner was married to Shri Vikas and obtained a customary divorce on 17-9-2018. An application under section 13B of the Hindu Marriage Act had been filed on 12-07-2019 and a decree of divorce was obtained on 13-08-2020.
- Since the application under 13B had already been filed before the application form in the recruitment process was submitted, the appellant applied in the Divorcee Female category. The Final result was declared on 15-12-2021 and a note was annexed to it stating that since the appellant did not have a decree of divorce on the last date of submission of the online application, she was not being considered as a ‘Divorcee Female’. Aggrieved, she moved the HC.
- The Counsel for the appellant argued that the respondents were unjustified in rejecting her candidature in the divorcee female category as she had already obtained a customary divorce. It was also argued that an application under section 13B had been filed a long time ago but due to the pandemic, it could not be decided, and hence the appellant should be given appointment under the Divorcee Female category.
- The Court held that the advertisement for the post of stenographer clearly stated that the reservation was given to a ‘Divorcee Female’. The Court relied upon the judgement of the Hon’ble SC in the case of Ashok Kumar Sonkar vs Union of India (2007)3 SCC and held that the appellant was not a divorcee on the last date of submission of the application form and thus was not eligible to apply in the said category.
- Thus, the writ petition was rejected as being devoid of merit.
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