GAYATRI DEVI PANSARI Vs. STATE OF ORISSA

JUDGEMENT

(1.) Special leave granted.

(2.) The appellant herein was selected to open a 24 hours Medical Store in the Campus of Sub-Divisional Hospital, Patnagarh, District Bolangir, Orissa, pursuant to the advertisement made by the Government of Orissa published on 12-10-96 inviting applications from the unemployed registered Pharmacists (Gents and Ladies) or persons having medical shops, who have engaged registered Pharmacist/person who undertakes to engage a registered Pharmacist. It appears, apart from the appellant and the fifth respondent herein who was the writ petitioner before the High Court, three others also submitted their applications. The first respondent by the orders dated 12-5-97 selected the appellant taking into account the guidelines governing such selection, the revised and latest of which were said to have been issued on 26-5-97. The selection of the appellant, apart from the fact that she was found eligible, was on account of preference shown to her as a lady applicant in furtherance of and giving effect to the Policy-decision of the Government to provide self-employment opportunities to ladies. Pursuant to such selection and in compliance with the terms of the orders as communicated by the Chief District Medical Officer, the appellant appears to have not only deposited the required fee of Rs. 50,000/-, but executed the necessary Agreement on 22-5-97 and commenced operating the day and night Medical Store.

(3.) Aggrieved, the fifth respondent herein, the unsuccessful applicant, filed a Writ Petition OJC No. 7778/97 before the High Court challenging the selection of the appellant mainly contending that she was not eligible or qualified for the same and that extraneous considerations weighed with the selection by the authorities. Respondents 1 to 4, the authorities of the State, have filed a common Counter Affidavit opposing the Writ Petition and justifying the selection of the appellant. The appellant, who was arrayed as fifth respondent before the High Court, also filed a separate Counter Affidavit denying the allegations made against the appellant and the contentions raised by way of challenge to her selection. The sum and substance of the stand taken for the respondents in the High Court was that not only the appellant was fully qualified and eligible for being awarded the right to run the Medical Store in question, but that she being a lady and the Policy of the Government also being to accord preference to lady candidates even by providing for a reservation of 30% of the day and night medical shops in the District to lady candidates, no exception could be taken to the selection of the appellant. Reliance in this regard, to justify the preference, was placed on the Government Order dated 9-11-93, which was said to have issued on 27-11-93, and the relevant portion of which reads as follows:-