- 1 - S.B.CIVIL WRIT PETITION NO. 7187/2005 (Kaniz Fatima vs. State & Ors.) DATE OF ORDER : 9/4/2008 HON'BLE JUSTICE GOPAL KRISHAN VYAS Mr.Manish Pithaliya, for the petitioner. Mr.Shyam Ladrecha, for the State. In this writ petition, petitioner is challenging the order dated 20/10/2005 (Annex.2), whereby, the petitioner was directed to file divorce decree and it was further observed in the order that till divorce decree is filed her case cannot be considered for appointment on the post of Teacher Gr.III in the category of divorced women. The contention of petitioner is that in the judgment rendered by this Court in S.B.Civil Writ Petition No. 2274/1991 decided on 16/9/1991 in case of Smt. Renuka vs. State of Rajasthan, it has been held that dissolution of marriage by customs has same sanctity of law as from any competent Court, thus the candidature of the petitioner is also required to be considered because the petitioner had also got divorce by customs. It is also submitted by the petitioner that by way of filing representation dated 27/10/2007 she has brought to the notice of respondents that as per the judgment of this Court she is entitled to be considered under the category of divorced - 2 - woman. In this view of the matter, petitioner may file fresh representation along with certified copy of the judgment rendered in Smt.Renuka vs. State of Raj. (SBCWP No.2274/91) decided on 16/9/1991. Upon filing such representation, respondents are directed to decide the claim of the petitioner considering her candidature for appointment on the post of Teacher Gr.III under the category of divorced women. With the above observations and directions, this writ petition is disposed of. (GOPAL KRISHAN VYAS), J. pankaj baweja