CW 1068/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.1068/2007 Smt. Nishat Nahid Versus State & Anr. Date of Order ::: 12/09/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Rizwan Ahmed, for petitioner Mr. JK Agrawal, Addl. Govt. Adv., for respondent State Instant petition has been filed seeking consideration for appointment on the post of Primary/Upper Primary School teacher Gr.III in pursuance of advertisement (Ann.1) issued under Rajasthan Panchayati Raj Rules, 1996 (“Rules, 1996”). Petitioner being eligible under divorced women quota applied for the post of Teacher Gr.III in district Sawai Madhopur in pursuance of advertisement (Ann.1) and alongwith her application, she also annexed her Talaqnama. However, at final stage, she was not considered to be divorced lady on the premise that she failed to submit a decree of divorce which was required as one of documents in order to show that she is a divorced woman. Later on, petitioner got a decree of divorce (Ann.12) passed by a competent court of jurisdiction that too was submitted by her. Counsel for petitioner submits that as CW 1068/07 //2// regards requirement of decree of divorce, a similar issue has been examined by a Co-ordinate Bench of this Court (Per Hon. Mr. PB Majmudar, J.) in Shahnaj Khan Vs. State (CWP-176/07 vide judgment dt.18/02/08) wherein it has been observed that insistence in case of a Muslim woman to furnish a decree of divorce is not a reasonable condition and not proper because Muslim woman is governed by Muslim Personal Law and under the Shariat, as per procedure provided therein, a husband of Muslim woman can give talk by executing talaknama. Finally it has been been observed ad infra: “Considering the aforesaid aspect, the respondents are directed to consider the claim of the petitioner on its own merits and find out whether the talaknama produced her is a genuine one and to process the application of the petitioner on merit. When it is not in dispute that the petitioner is a Muslim lady and when she has produced talaknama which is also produced on record, and when under the Muslim law marriage can be dissolved by executing such talaknama, insistence of the department that the petitioner must produce the decree of divorce is not justified. However, it is for the department to make verification of the records as deemed fit and to find out whether the document in question is genuine or not.” CW 1068/07 //3// However, in instant case, Talaknama was submitted alongwith application form but to fulfill requirement, she obtained a decree of divorce as well on 20/09/06 (Ann.12) and claimed for exemption which was not taken note of by respondents while considering her against divorced woman quota. In the light of judgment (supra), and so also the fact that petitioner has also obtained a decree of divorce, denial of her consideration for the post of Teacher Gr.III is not legally sustainable. Consequently, writ petition succeeds and is hereby allowed. Respondents are directed to consider candidature of petitioner for her appointment to the post of Teacher Gr.III in pursuance of advertisement (Ann.1) against divorced women quota taking note of conditions of eligibility referred to therein and after due consideration of her suitability, necessary orders be passed within two months. No costs. (Ajay Rastogi), J. K.Khatri/p.3/1068CW07-1209.doc