KUMARI SUDAMA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The challenge in the present intra-court appeal is to the order dated 08.10.2012 passed by the learned Single Bench bywhich C.W.J.C. No. 13895 of 2012, filed by the appellant has been dismissed.

(3.) The appellant was appointed as Anganbadi Sevika on 12.05.1988 on the basis of having passed matriculation examination. In 1989, the appellant passed Intermediate examination and thereafter also obtained Graduation degree in the year 1993. Pursuant to advertisement published on 08.09.2011, the appellant applied for appointment on the post of Lady Supervisor which was to be made from among the Anganbadi Sevikas. Another communication was published in the newspaper on 22.12.2011 in which it was stated that the candidate applying for the post of Lady Supervisor must produce letter to show valid approval for pursuing higher education during service period, and in absence of the same, no bonus points would be given for such higher qualification. In the provisional merit list, the name of the appellant was at serial no. 30 and extra points for possessing Intermediate and Degree qualification were not granted to her. There being some dispute with regard to the merit list, a fresh one was published on 18.04.2012 in which taking into account the Matriculation certificate of the appellant, she was placed at serial no. 45. Being aggrieved, the appellant approached this Court in C.W.J.C. No. 9414 of 2012, which was disposed off on 15.05.2012 with liberty to the appellant to approach the Divisional Commissioner. The representation filed by the appellant was rejected by the Divisional Commissioner, Chapra by order dated 19.06.2012. In the meantime, the final merit list was also published on 21.05.2012 but she was not finally selected in the merit list prepared on 21.05.2012. The appellant being aggrieved filed C.W.J.C. No. 13859 of 2012 for quashing the order of the Commissioner dated 19.06.2012 and the final merit list published on 21.05.2012. The order dated 08.10.2012 of the learned Single Bench dismissing the writ petition has given rise to the present Letters Patent Appeal.