NISHA SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER has prayed mainly for the following reliefs:

(2.) FOR the post of Lecturer, applications were invited by the PTA Committee, GSSS, Dharampur, District Mandi. On 20.6.2007, petitioner was given appointment on the basis of list prepared by the Selection Committee. Dispute arose with regard to such appointment. It be only observed that Amro Devi, Nisha Sharma and Monika Sharma who claimed their rights for appointment, filed petitions before this Court which were disposed vide judgment dated 21.3.2011 (Annexure P 9) and 22.6.2012 (Annexure P 11). As a consequence of directions issued by this Court, the Director of Higher Education (respondent No.2) has now passed the impugned order dated 7.5.2013 (Annexure P 15).

(3.) IN our considered view, respondent No.2 rightly observed that orders passed by this Court were misconstrued as a result of which Monika Sharma who was more meritorious could not be given appointment. Present petitioner, in fact, was favoured by the Selection Committee, who awarded 10 out of 10 marks in viva voce and awarded only 2 marks to Monika Sharma who otherwise had secured 41.37 marks. This perhaps was done for the reason that petitioner is relative of one of the members of the Selection Committee. Thus, the finding that there was favoritism and discrimination in the selection process is not out of place.