BOBBY RANJNA Vs. BRIJ BALA AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 20.4.2010 rendered by learned Single Judge in CWP(T) No. 8538 of 2008, assailing the appointment of appellant to the post of Gram Vidya Upasak in Government Primary School, Baghar. The post was notified on 28.3.2002 and the last date of receipt of the applications was 15.6.2002. The interview was held on 28.6.2002, the respondent No. 1 had secured 48.5 marks and appellant had secured 59 marks and accordingly name of appellant was recommended for the post of Gram Vidya Upasak.

(2.) IT is the case of respondent No. 1 that she was entitled to 10 marks being local resident of Gram Panchayat, Dhawas. On the contrary, appellant was not entitled for 5 marks being master of library and diploma course in computer training. The stand of the State is that respondent No. 1 is not entitled to 10 marks as her name was not recorded in the Gram Panchayat, Dhawas.

(3.) THE learned Single Judge has held that respondent No. 1 was entitled to 10 marks for being local resident of Gram Panchayat, Dhawas and appellant was not entitled to 5 marks for having qualification of master of library and diploma course in computer training. The learned Single Judge has ultimately held that in case 10 marks are allocated to respondent No. 1 herein being resident of Gram Panchayat, Dhawas and 5 marks are subtracted from the marks allocated to appellant then respondent No. 1 herein will secure 58.5 marks and appellant 54 marks. After recording this finding, learned Single Judge has quashed and set aside the appointment of appellant to the post of Gram Vidya Upasak in Govt. Primary School, Baghar. It has also been directed that the case of respondent No. 1 be considered for appointment to the post of Gram Vidya Upasak in Govt. Primary School, Baghar.