SANGEETA BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE grievance of the petitioner in this writ application is that though she has been recommended for appointment in the scheduled tribe category and there is no rival candidate in that category, till date the State authorities have not issued appointment letter even after completion of the necessary formalities.

(3.) NOW an affidavit has been filed again on behalf of the State stating therein that the Department of Higher Education has again made fresh requisition to the Commission for obtaining fresh recommendation as per reservation policy as suggested by the Personnel and Administrative Reforms Department vide letter no. 535 dated 18.4.2001. Letter dated 18.4.2001 has been brought on record and marked as Annexure A to today's affidavit filed on behalf of the State. The statement made in paragraph 3 of today's affidavit, has not properly been verified and in view of the stand of the Commission that it has not received any requisition after publication of the result and recommendation of the case of the petitioner till date, in my opinion, no reliance can be placed on the statement made in paragraph 3 of today's affidavit. It is not in dispute that even after roster clearance one post has been cleared for scheduled tribe category and the petitioner belongs to scheduled tribe category and there is no rival candidate. It is also not in dispute that pursuant to the recommendation of the Commission of the name of the petitioner, she was medically examined and other formalities were completed.