JAYA CHANDRAKAR Vs. DISTT PANCHAYAT

JUDGEMENT

(1.) Being aggrieved against the judgment and decree dated 19-12-2000 passed by Vth Additional District Judge, Durg, in Civil Appeal No. 14-A of 1999 arising out of Civil Suit No. 7-A/98 decided by the 1st Civil Judge, Class II, Durg, the present appellant has filed this appeal under Section 100 of the Code of Civil Procedure.

(2.) Briefly stated facts are that the appellant filed a suit for declaration and permanent injunction on the ground that an advertisement was published for filling up the post of Shiksha Karmi, Class-I, in a Newspaper. The said post has been reserved for the candidates of OBC and the present appellant had applied for the same as one of the candidates and faced the test and interview. According to the appellant, she had secured higher marks in the merit list, however, respondent Nos. 3 and 4 who secured lesser marks than the appellant were appointed whereas the appellant was not selected and she was shown in the OBC waiting list at serial No. 1. It is also contended that the roster of reservation was not properly prepared.

(3.) The applicant raising all such grounds has filed civil suit for declaring the appellant as selected for the Post of Shiksha Karmi, Class-I (Chemistry) including pay, seniority and other benefits w.e.f. 17-7-1998. Learned Counsel for respondent Nos. 1, 2 and 5 has raised objection that the dispute is regarding service and its appointments and alternative remedy of appeal against the impugned action is available which is more effective and efficacious.