GIRIRAJ KUNWAR Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE appellant-petitioner, who is a widow, had applied for being appointed against the posts advertised vide Advertisement No. 2 of 1996 issued by District Establishment Committee of Jila Parishad, Udaipur for Teacher Gr. III in the Primary Schools.

(3.) WE are of the opinion that the decision relied on by the learned Single Judge do not warrant any straight jacket rule which appears to have been applied by the learned Single Judge. The fact that after adverting to the contention raised by the petitioner about her exclusion from the service, in the facts and circumstances, the Supreme Court has not found it necessary to give benefit to the petitioner, cannot be read as laying down a principle that even if the petitioner comes in time and the matter is decided, relief should be refused without considering it on merit.