KM. KANCHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Tapan Singh, learned counsel for the appellant-writ petitioner and Mr. B.S. Parihar, learned Standing Counsel for the State Government and, with their consent, the Special Appeal is disposed of at the stage of admission.

(2.) This Special Appeal is preferred against the order passed by the learned Single Judge in Writ Petition (S/S) No. 3239 of 2017 dated 30.07.2019. The appellant-writ petitioner invoked the jurisdiction of this Court seeking a writ to quash the order dated 02.11.2017, whereby the appellant-writ petitioner was directed to be sent back from her on-going training with immediate effect; and a writ of mandamus commanding respondents 1 to 3 to give appointment, to the appellant-writ petitioner, in the post of Constable (Female) in district Dehradun, as she had successfully qualified in the physical as well as the written test, and had also almost completed her nine months' training.

(3.) Facts, to the limited extent necessary, are that, pursuant to an advertisement issued to fill up 32 posts of Female Constables reserved in favour of the Scheduled Castes, (of which two posts were horizontally reserved in favour of the Scheduled Caste women Home-Guards), the appellant-writ petitioner was selected and was shown at Serial No. 30 in the select list. Thereafter, on realizing that they had erroneously not recorded the 20 marks secured by the fourth respondent in the cricket ball throw test, the respondents corrected the error and, as a result, the fourth respondent was found more meritorious than the petitioner in the Scheduled Caste women category, and was included in the select list in her place. Questioning her exclusion from the select list, and the inclusion of the fourth respondent therein, the petitioner invoked the jurisdiction of this Court by filing Writ Petition (S/S) No. 2049 of 2016 and this Court, by order dated 20.10.2016, restrained the Superintendent of Police, Dehradun from issuing any appointment letter to the third respondent therein (i.e. the fourth respondent herein).