SEEMA Vs. RATAN KAUR AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) This intra Court appeal is directed against impugned order dated 24th August, 2012, whereby writ petition filed by Respondent No. 1, Smt. Ratan Kaur was allowed and selection of Respondent No. 5, i.e., present appellant on the post of Aangan Bari Karyakarta has been declared illegal.

(3.) Respondent No. 1, Smt. Ratan Kaur preferred a writ petition before the Single Bench, challenging the selection of present appellant on the post of Aangan Bari Karyakarta by Gram Sabha, on the ground that writ petitioner was more meritorious than Respondent No. 5 therein, but Gram Sabha did not follow Circular dated 15th September, 2003 issued by the State Government and wrongly selected Respondent No. 5, i.e. the appellant. Learned Single Bench considered the matter in detail and came to a conclusion that both the candidates, i.e. writ petitioner as well as Respondent No. 5 were having equal educational qualification, i.e., B.A., but on scrutiny of mark sheets, it transpired that writ petitioner had obtained 51.38% marks in B.A. Examination, whereas Respondent No. 5 had secured 43% marks in B.A. Examination, therefore, in the opinion of the Single Bench, the writ petitioner was more meritorious than Respondent No. 5. Consequently, writ petition has been allowed by the Single Bench vide order dated 24th August, 2012 and selection of Respondent No. 5 by Gram Sabha has been quashed. Learned Single Bench has further directed the Gram Sabha to undertake fresh selection on the post of Aangan Bari Karyakarta in accordance with law and further to complete the process within a period of three months.