SEEMA RANGAR Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) By means of this writ petition, petitioner has sought following relief:-

(2.) According to the petitioner, respondent no.2 issued an advertisement, on 15.03.2016, inviting applications against 440 vacancies on the post of Health Worker (Female)/A.N.M. The last date for submission of application was indicated as 10.04.2016. In Clause 9 of the advertisement, applicants were cautioned that applications sent by registered post or speed post alone shall be accepted. According to the petitioner, she possessed all requisite qualifications and was also otherwise eligible for appointment to the post of Health Worker (Female) /A.N.M., therefore, she submitted her application through registered post. Copy of the postal receipt has been enclosed as Annexure No. 4 to the writ petition, which indicates that envelope containing the application was sent by the petitioner on 30.03.2016 from Post Office Chinyalisaur, Uttarkashi. According to the petitioner, she had enclosed a Bank Draft of Rs. 200/- alongwith her application, photocopy whereof is part of record. The report given by the Postal Authority is annexed as Annexure No. 5, which indicates that envelope sent by the petitioner through registered post was delivered to the addressee on 01.04.2016. According to the petitioner, neither any written examination nor interview was required to be held and selection was made on the criterion of seniority with reference to year of passing A.N.M. course. Thus, according to her, anyone, who passed Health Worker/A.N.M. course earlier in point of time would be treated as senior, therefore, would have a preferential right of appointment compared to others.

(3.) A tentative select list was issued by respondent no. 2, in which petitioner's name was not included. Since petitioner was expecting her selection by virtue of her seniority, therefore, she made inquiry from the concerned authorities and was informed that her application is not available in the office of respondent no. 2. Thus, feeling aggrieved, petitioner approached this Court by filing this Writ Petition, wherein she contended that envelope containing the application submitted by her was delivered in the office of respondent no. 2 on 01.04.2016, as per the information given by Postal authorities. Postmaster General, Dehradun has been impleaded as respondent no. 3 in the writ petition. On 28.09.2018, when the writ petition came up for preliminary hearing, learned counsel for respondent no. 3 admitted the fact that application sent by the petitioner through registered post was delivered in the office of respondent no. 2 on 01.04.2016. Since the stand taken by respondent no. 2 was that the application is not traceable in his office, therefore, this Court directed respondent no. 2 to accept another application from the petitioner for reconstructing the record. Thereafter, on 08.01.2019, Court directed respondent no. 2 to provisionally permit the petitioner to participate in the counseling scheduled for 9th, 10th & 11th January, 2019 with the condition that her result shall not be declared without leave of this Court.