1 S.B.CIVIL WRIT PETITION NO.7475/2006 Manju Chouhan @ Shakuntla v. State of Rajasthan & ors. Date of Order :: 11th April, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Vijay Bishnoi, for the petitioner. Mr. N.M.Lodha, Additional Advocate General. .... The appointment was not given to the petitioner as Teacher Gr.III against the vacancies available for divorced and deserted ladies on the ground that at the time of filling in vacancies, she was not having a decree of divorce though her petition as per provisions of Section 13-B of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act of 1955”) was pending before learned Family Court, Jodhpur. The act of the respondents is challenged on the ground that the petitioner should have been considered as a divorced lady, as an application under Section 13-B of the Act of 1955 in normal course have to be resulted into a divorce. 2 This Court on 20.12.2006, passed an interim order with direction to “provisionally consider the application of the petitioner for appointment pursuant to notice annexure/4. Appointment of the petitioner, however, may not be made till she does not submit decree of divorce. In case the petitioner fails to produce decree of divorce within six months, this interim order would lapse”. The petitioner failed to produce the decree of divorce within the period prescribed as the same was granted on 23.7.2007 by the Family Court, Jodhpur. In the meanwhile the selection proceedings concluded resulting into appointments of selected persons. In view of the fact that at the time of selection proceedings the petitioner was not having a decree of divorce, I do not find any wrong with the respondents in denying appointment to her against the vacancies relating to divorce and deserted ladies. Thus, no direction can be given to consider and appoint the petitioner as Teacher Gr.III in pursuant to the selection proceedings faced by her in pursuant to the interim order passed by this Court on 20.12.2006. The writ petition, therefore, is dismissed. However, it shall be open for the respondents to consider candidature of the petitioner for appointment 3 as Teacher Gr.III, if they consider it appropriate to fill-in existing vacancies by acting upon any representation, if submitted by the petitioner. ( GOVIND MATHUR ),J. Kkm/ps.