STATE OF RAJASTHAN Vs. ASHA DEVI

JUDGEMENT

(1.) THIS special appeal is directed against the judgment dated 22. 4. 99 passed by the learned Single Judge whereby writ petition filed by the respondent has been allowed.

(2.) THE facts leading to this appeal are that the appellants (State and its department of medical & health services) invited applications for training of Lady Health Worker Course for the year 1998 requiring the applicants to also submit proof of bonafide resident certificate of Rajasthan and with reference thereto, the present respondent (petitioner in writ petition-for short `writ petitioner') applied for such training course and she was called for interview on 22. 12. 97 but was not interviewed on the pretext of lacking domicile of Rajasthan. Against this refusal, the writ petitioner made representation stating therein that since she married with Sanwal Ram Diyma r/o village Ram Chandrapura of Alwar district on 13. 5. 1989 and she produced residence certificate (Ann. 2 ). It is the case of the writ petitioner that she was deprived of admission because the bonafide resident certificate cannot be accepted, whereas after her marriage she was living with her husband who was bonafide resident and domicile of Rajasthan, she had also acquired domicileship of Rajasthan by virtue of her marriage, and on these assertions she filed writ petition before this Court and wherein after notice to the State and its department of Medical, reply to the petition was filed by the State. THE learned Single Judge after hearing both the parties by his judgment allowed the writ petition of the respondent with costs of Rs. 2,000/ -. Hence this special appeal.

(3.) RESULTANTLY this special appeal fails and hereby dismissed with no order as to costs in this appeal. The impugned judgment stands affirmed. The State appellant is directed to comply with judgment of the learned Single Judge in letter and spirit. .