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2025 DAILYLAW 42210 (RAJ)

RAJESH D/O SHRI RAGHVEER v. THE STATE OF RAJASTHAN

CW/9019/2021 · 2025-08-26

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:33807] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9019/2021 Rajesh D/o Shri Raghveer, aged about 37 Years, resident of Village Hamjapur, Post Deughera, Tehsil Behror, District Alwar, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through Principal Secretary, Medical and Health Department, Secretariat, Jaipur, Rajasthan. 2. The Director, Medical And Health Services, Swasthya Bhawan, Jaipur, Rajasthan. 3. The Additional Director (Administration), Swasthya Bhawan, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Himanshu on behalf of Mr. Manvendra Singh Choudhary For Respondent(s) : Ms. Anjali Sharma on behalf of Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ANAND SHARMA Order 26/08/2025 1. Learned counsel for the petitioner has fairly conceded that although the petitioner is seeking appointment under the divorcee category, the decree of divorce in her favour was admittedly obtained subsequent to the last date prescribed for submitting the application form pursuant to the advertisement in question. 2. The law is well settled that the eligibility of a candidate for any recruitment has to be determined with reference to the last date fixed for submission of the application form, unless the recruitment rules or the advertisement itself specifically provide otherwise. The cut-off date cannot be stretched or relaxed merely [2025:RJ-JP:33807] (2 of 2) [CW-9019/2021] on sympathetic considerations and doing so would not only amount to rewriting the terms of the advertisement, but would also unsettle the rights of other competing candidates, who had applied strictly in accordance with the stipulated conditions. 3. In the present case, since the decree of divorce was not in existence on the last date of submission of the application form, the petitioner cannot be treated as falling in the divorcee category for the purpose of the recruitment. The subsequent event of her obtaining a decree of divorce, though relevant for her personal status, cannot confer retrospective eligibility for a recruitment process already concluded on the basis of a fixed cut-off date. 4. In light of the above discussion, this Court is of the considered view that the petitioner did not possess the requisite eligibility for being considered in the divorcee category at the relevant point of time. Consequently, the claim set up by the petitioner cannot be sustained in law. 5. Accordingly, the writ petition, being devoid of merit, stands dismissed. 6. Pending application, if any, also stands disposed of. (ANAND SHARMA),J MANOJ NARWANI /46