VIMLA KUMARI MALAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this writ petition, a challenge is made to the order dated 27th Oct., 2017, passed by the respondents to cancel the appointment given to the petitioner on the post of Civil Judge (Junior Division) and consequently, to remove her from service.Brief Facts of The Case:

(2.) It is submitted that after appointment of the petitioner, a writ petition was filed by one Venus Choudhary to challenge action of the official respondents in rounding off marks obtained by the petitioner for determination of merit as well as for giving appointment. The petitioner obtained 160.5 marks in the selection. It was rounded off to 161 marks. Many candidates had obtained 161 marks in the category of Women (OBC) however, petitioner, being elder in age, was given appointment.

(3.) The writ petition bearing No. 5677/2015, filed before the Division Bench, Principal Seat at Jodhpur was allowed by the order dated 22nd Jan., 2016. The rounding off marks was held to be illegal and finding Venus Choudhary to be higher in merit, declared her entitled for the appointment. At the same time, the Division Bench protected appointment of the petitioner as she was sent for training during the intervening period. In view of the above, there was no occasion for the respondents to cancel appointment of the petitioner. It is more so when in a review petition preferred by the respondents, it was found that four vacancies were existing in the cadre of Civil Judge thus petitioner can be adjusted against those vacancies, thereby, review petition was also dismissed.