KUMARI NISHA SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) THE Petitioner has prayed for quashing of order dated 11.09.2007 whereby Respondent No. 5 Smt. Raj Rani ( Anjana Devi) has been selected for the post of Primary Assistant Teacher (PAT). The prayer has also been made that Respondent No. 5 may be restrained from joining as PAT and Petitioner be appointed to the said post with all consequential benefits with effect from the date of joining of Respondent No. 5.

(2.) THE brief facts of the case are that Petitioner applied for the post of PAT. The Respondent No. 5 was appointed as PAT wrongly, illegally. The Petitioner had produced all the relevant documents including OBC certificate issued by Executive Magistrate, Rajgarh, but she was not appointed as PAT. On the contrary, Respondent No. 5 has been appointed as PAT, who is less meritorious.

(3.) IT has been stated that post of PAT in Government Primary School, Hinner, was reserved for category of Other Backward Class as notified by the government. The proforma of marks shows that the Petitioner had failed to produce Other Backward Class Certificate issued by the competent authority at the time of interview and, therefore, she was declared ineligible for the said post. The learned Counsel representing Respondents No. 4 and 5 has adopted the reply filed by Respondents1 to 3 on behalf of Respondents 4 and 5.