POOJA PRAJAPAT Vs. RRVPN LTD. AND ANR.

JUDGEMENT

(1.) Present petition has been filed under Article 226 of the Constitution of India praying that the respondents be directed to verify the documents of the petitioner and thereafter issue appointment letter in favour of the petitioner for the post of Hydel Operator-III, Group-II in pursuance of advertisement (Annx.1).

(2.) It is not disputed that the petitioner belong to Other Backward Class Non-Creamy Layer category. It is also not denied that cut-off marks in OBC (Female) category determined by the respondents are 111. It is also not disputed that the petitioner had obtained 128 marks and she is far-ahead than the last candidate in OBC (Female) category. The only dispute before this court raised by the respondents to deny appointment to the petitioner is that in her online application form, she has filled 'male' category and hence, she cannot be considered in OBC (Female) category.

(3.) Matter of fact is that the petitioner is female. Had the respondents been little more vigilant and had seen the name of father of the petitioner where it is mentioned that she is daughter of Bhanwarlal Prajapat and furthermore, had the respondents seen the testimonial of the petitioner, there was no reason to doubt that the petitioner is female. Much before the present litigation it was brought to the knowledge of the respondents that petitioner due to bona fide mistake had committed inadvertent error. Unnecessarily litigation has been generated by the respondents. The petitioner belong to OBC Non-Creamy Layer category and has secured more marks than the last candidate in the said category belonging to woman. It is an undeniable fact that petitioner is meritorious, hence, respondents have to issue appointment letter in favour of the petitioner.