VINA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE case relates to appointment to the post of Teacher (Home Science).

(2.) THE Respondent, Vidyalaya Seva Board after due advertisement (No. 2/91) and selection, prepared a panel/merit list on the basis of marks obtained in academic career and interview (Viva Voce Test). The name of petitioner, Smt. Vina Kumari was initially included within first eight persons, for eight vacancies and the name of 5th Respondent, Renu Kumari was shown beyond the zone of vacancy at serial no.9. Subsequently, the panel/merit list was changed. The 5th Respondent was brought above and petitioner at sl.no.9 i.e. out of zone of appointment. In the aforesaid background, the writ petition was preferred by petitioner for inclusion of her name at proper place.

(3.) THE counsel for the petitioner challenged the change so made by the Selection Committee in respect of panel/merit list on two grounds. The first plea was taken that the Selection Committee having prepared a panel/merit list, without any decision of the Board changing the criteria for placing persons on merit, if obtained same total marks, was not permissible. The second plea taken was that the petitioner having more age than the 5th Respondent and having obtained higher marks in Viva Voce Test, was rightly placed above her.