SUNITA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) An advertisement was issued vide Annexure A-1 for filling up the posts of Primary Assistant Teachers, including Government Primary School, Lakhanpur-Jheran-II, Tehsil Nalagarh, District Solan, H.P. The posts were reserved for O.B.C. category. Petitioner alongwith respondent No. 6 applied for the post in question under O.B.C. category. The interview was held on 19th September, 2005. The result was declared on 19th September, 2005 itself. Respondent No. 6 was selected and thereafter she has joined as Primary Assistant Teacher in Government Primary School, Lakhanpur, Jheran-II, Panchayat Majhauli, Tehsil Nalagarh, District Solan on 21.09.2005. Mr. Romesh Verma, learned Counsel for the petitioner has strenuously argued that the selection of respondent No. 6 to the post of Primary Assistant Teacher in Government Primary School, Lakhanpur, Jheran-II, Panchayat Majhauli, Tehsil Nalagarh, District Solan is illegal, arbitrary, unconstitutional and, thus, violative of Articles 14 and 16 of the Constitution of India. According to him, respondent No. 6 does not belong to O.B.C. category, since she belonged to the State of Punjab before her marriage to Shri Ravinder Singh.

(2.) Respondent No. 5 was proceeded ex parte.

(3.) Mr. R.P. Singh, learned Assistant Advocate General has vehemently argued that the appointment of respondent No. 6 has been made on the basis of certificate, i.e., Annexure R-5