RASHMI SHIKHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The present writ petition has been filed for quashing the appointment letter no. 77 dated 03.08.2010 issued by respondent no. 4 by which the respondent no. 5 has been appointed as Lecturer, Geography, in Gramin Pratisthan (Higher Education), Birauli, District Samastipur (hereinafter referred to as "the Institution"), and further for issuance of a writ in the nature of mandamus and/or any other appropriate writ, order or direction commanding the respondents to consider the case of the petitioner for her appointment as Lecturer, Geography of the said Institution.

(3.) The short facts of the case according to the petitioner are that an advertisement dated 03.06.2010 was issued, pursuant to which the petitioner and others applied for contractual appointment as Lecturer, Geography in Gramin Pratisthan (Higher Education), Birauli, District Samastipur. The advertisement stipulated 15.06.2010 as the last date for submission of the application forms which were required to be accompanied by attested copies of the documents of educational qualification and requisite bank draft. It is asserted that respondent no. 5 did not possess the requisite qualification of Ph. D. and did not have a certificate of Ph. D. Degree before the last date for submission of the application forms. Despite the mandatory requirement of furnishing the documents of educational qualification along with the application forms by the last date as stipulated in the advertisement not having been fulfilled, the Selecting Authority nevertheless allowed respondent no. 5 to appear in the interview and recommended his name for appointment to the post of Lecturer by placing him at serial no. 1 of the merit list whereas the petitioner was placed at serial no. 2.