Rajasthan High Court – Jaipur
Saroj Bai Meena D/O Lachchhu Meena vs State Of Rajasthan (2026:Rj-Jp:7051) on 13 February, 2026
[2026:RJ-JP:7051]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2300/2026
Saroj Bai Meena D/o Lachchhu Meena, Aged About 31 Years, R/o
Kharera Piloda Wazirpur, District Sawai Madhopur, (Raj.) -
322205
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Medical And
Health Department, Govt. Of Rajasthan, Secretariat,
Jaipur (Raj.) 302005
2. Director, National Health Mission, Swasthya Bhawan,
Ashok Nagar, Near Secretariat, Jaipur, Raj, 302005.
3. Rajasthan Staff Selection Board, Through Secretary,
Rajya Krishi Prabandh Sansthan Parisar, Durgapura,
Jaipur-302018
4. Director, State Institute Of Health And Family Welfare,
Jaipur Jhalana Institutional Area, Jaipur, 302015
----Respondents
For Petitioner(s) : Mr. Anand Sharma, Adv.
For Respondent(s) : Mr. Archit Bohra, AGC
Mr. Sandeep Maheshwari, Adv.
HON’BLE MR. JUSTICE ANAND SHARMA
Judgment
13/02/2026
1. This writ petition has been filed by the petitioner with
following prayers:-
“In view of the facts and circumstances stated
above, it is most respectfully prayed that this
Hon’ble Court may graciously be pleased to :-
a. Issue an appropriate writ, order or direction,
including a writ of certiorari/quashing, quashing
and setting aside the action, decision and
condition imposed by the respondents insisting
upon obtaining a decree of divorce under
Section 13-B of the Hindu Marriage Act, 1955,(Uploaded on 17/02/2026 at 05:29:40 PM)
(Downloaded on 17/02/2026 at 09:23:10 PM)
[2026:RJ-JP:7051] (2 of 4) [CW-2300/2026]as being illegal, arbitrary and without authority
of law.
b. Issue an appropriate writ, order or direction,
including a writ of mandamus, directing the
respondents to treat and consider the petitioner
as a divorced woman under Scheduled Tribe
(ST) Divorcee Category on the basis of
customary divorce duly declared and confirmed
by the competent Civil Court vide judgment
dated 17.05.2024.
c. Declare that for members of Scheduled Tribe
community, where the Hindu Marriage Act, 1955
is not applicable in absence of notification under
Section 2(2), customary divorce duly recognized
and declared by a competent court is valid and
sufficient proof of divorce for the purpose of
reservation under Rule 7-B of the Rajasthan
Medical & Health Subordinate Service Rules,
1965.
d. Direct the respondents to complete the
document verification and selection process of
the petitioner for the post of Community Health
Officer (CHO) – Contractual Recruitment-2025,
by considering her candidature in ST Divorcee
Women Category, and to grant her all
consequential benefits.
e. Declare the impugned action of the
respondents as violative of Articles 14, 16 and
21 of the Constitution of India and contrary to
principles of natural justice.
f. Pass any other order or direction which the
Hon’ble Court may deem just and proper in the
facts and circumstances of the case, in favour of
the petitioner.”
2. It is stated by learned counsel for the petitioner that
the petitioner participated for appointment under the Rajasthan
Contractual Hiring to Civil Post Rules, 2022 pursuant to
advertisement dated 28.01.2025, wherein the post was also
reserved for divorcee as well as persons having judicial
separation. Learned counsel submits that although, the petitioner
secured sufficient marks to find her name in the merit list, yet
(Uploaded on 17/02/2026 at 05:29:40 PM)
(Downloaded on 17/02/2026 at 09:23:10 PM)
[2026:RJ-JP:7051] (3 of 4) [CW-2300/2026]
during the process of document verification, she was asked to
produce decree of divorce under Section 13B of Hindu Marriage
Act, 1955. Learned counsel submits that since, Hindu Marriage Act
does not apply to the petitioner, therefore, the petitioner
approached the Civil Judge, Gangapurcity, District Sawai
Madhopur for annulment of her marriage and after examining the
application, on the basis of consent of both the parties, decree of
dissolution of marriage has been granted by the Competent Civil
Court on 17.05.2024. Learned counsel submits that as per the
requirement of the advertisement as well as notification issued by
the State Government for granting reservation to divorcee, a
person is required to produce valid decree issued by the
Competent Court and there is no reference whatsoever that the
decree should have been passed only under Section 13B of Hindu
Marriage Act, 1955. Learned counsel submits that in addition to
above, the petitioner was also required to place her marriage
certificate or proof in relation to marriage. Learned counsel
submits that bare perusal of judgment and decree dated
17.05.2024 would make it clear that even Civil Court while
presuming that marriage of the petitioner earlier took place with
Rishikesh Meena had granted decree of dissolution of marriage.
Therefore, no separate document for proving her earlier marriage
was required. As regards Senior Secondary Board Certificate, the
petitioner has already produced before the Competent Authority,
therefore, there was not justified reasons whatsoever for denying
appointment to the petitioner.
3. Learned counsel for the respondents, although,
opposed the writ petition, yet are not in a position to dispute that
(Uploaded on 17/02/2026 at 05:29:40 PM)
(Downloaded on 17/02/2026 at 09:23:10 PM)
[2026:RJ-JP:7051] (4 of 4) [CW-2300/2026]
the requirement was decree of dissolution of marriage by the
Competent Court, which is admittedly possessed by the petitioner.
4. Heard learned counsel for the parties and perused the
record.
5. It is not disputed that since, the petitioner is possessing
valid decree of annulment of marriage passed by Competent Civil
Court, therefore, requiring her to produce any decree of divorcee
under Section 13B of the Hindu Marriage Act, 1955 is totally
against the scheme of recruitment and the Rules. Apart from
above, no other objection has been raised by the respondents with
regard to eligibility of the petitioner.
6. In view of above, the writ petition filed by the petitioner
is allowed. The respondents are directed to re-consider the
candidature of the petitioner and in case, she is otherwise eligible,
the respondents shall issue appointment order to appoint the
petitioner on the post of Community Health Officer forthwith.
7. Pending application(s), if any, stand(s) disposed of.
(ANAND SHARMA),J
Jatin /32
(Uploaded on 17/02/2026 at 05:29:40 PM)
(Downloaded on 17/02/2026 at 09:23:10 PM)
Powered by TCPDF (www.tcpdf.org)
