SEEMA SHARMA Vs. DISTRICT AND SESSIONS JUDGE

JUDGEMENT

(1.) This petition is filed by two petitioners for an appropriate writ, direction or order, directing the respondent No. 1 to allow the petitioners to appear in the interview /test for the post of clerk, class -Ill.

(2.) The case of the petitioners is that District Sessions Judge, Kangra at Dharamsala, (respondent No. 1 hereinafter) notified five vacancies of clerks (class III), three in general category, one for SC and one for S.T. vide his letter dated August 23, 2000. Necessary and requisite qualifications for the appointment to the said post was Matriculation with second division. It was also stated in the advertisement that a candidate must be having age between 18 and 38 years. According to the petitioners, both of them were having necessary qualifications and thus they were eligible to appear for interview/test held for the appointment to class III posts and hence they ought to have been called for test/interview. Unfortunately, however, petitioners were not called for interview. The petitioners came to know that decision was taken by respondent No. 1 to short list the candidates, who were allowed to appear, which has resulted in prejudice to them. They have, therefore, approached this Court by filing the present petition for an appropriate direction to respondent No. 1 to consider them eligible, call for interview/test and to take appropriate decision in accordance with law.

(3.) After notice was issued, the respondents appeared. In the affidavit filed on behalf of respondent No. 1, it was stated that requisite qualification was Matriculation with Second Division. It was further stated that when the applications were received, there were in all 1307 applications. In paragraph 4 of the affidavit -in -reply, the details have been given, which read as under: -