USHA KIRAN DUBEY Vs. SECRETARY UNION OF INDIA

JUDGEMENT

(1.) Heard on the question of admission.

(2.) Challenge in this writ appeal has been made to the order dated 27.1.2010 passed by learned single Judge in Writ Petition No. 7216/2009 by which the writ petition preferred by the Appellant has been dismissed.

(3.) Facts, leading to filing of the instant writ appeal, briefly stated, are that the Appellant had rendered service in Railway Department as constable in Railway Protection Force for a period of one year and four months i.e. 1.7.2006 to 22.10.2007. The Appellant was also engaged as a teacher in Bharat Ratna Higher Secondary School, Seoni from 1.7:1999 to 30.4.2005. By an advertisement dated 15.9.2007 applications were invited from the eligible candidates for appointment to the post of Sub-Inspector in Railway Protection Force. Pursuant to the aforesaid advertisement the Appellant submitted her candidature and participated in the process of selection. She was permitted to appear in the written test and was called for the interview. However, at the relevant time the Appellant was on family way and was asked to report back after the delivery of the child and after being physically fit. The Appellant after being fit for joining the duties approached the Respondents. However, neither she was permitted to join nor any appointment order was issued. The representation submitted by the Appellant was rejected on the ground that the Appellant was overage. The Appellant therefore, filed the writ petition in which a direction was sought to Respondents to appoint her in Railway Protection Force as Sub-Inspector. Learned single Judge vide order dated 27.1.2010 dismissed the writ petition preferred by the Appellant on the ground that the Appellant did not fulfill the criteria with regard to age.