SUSHILA SEMWAL 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. According to the petitioner, she had enclosed a Bank Draft of Rs. 200/- alongwith her application, photocopy whereof is part of record. 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 her application was delivered in the office of respondent no. 2 on or before 10.04.2016 and the Bank Draft submitted by her with the application was encashed on 16.06.2016. This Court vide order dated 11.10.2018 directed respondent no. 2 to consider the candidature of the petitioner provisionally. Thereafter, on 08.01.2019, this 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.