SEEMA GEHLOT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The District Education Officer (Boys Institution), Nagaur advertised 30 posts of Lab Assistant Gr. III for the year 1993-94. The petitioner also applied for the post as a girl candidate. She was found suitable and was called for interview on 7.6.1993. The merit list of the selected candidates was published on the same day in which the petitioner's name was shown at S. No. 16. Thereafter three girl candidates of Scheduled Caste category were given appointment up to 7.3.1994.

(2.) The petitioner's case is that no girl candidate of general category, to which she belongs was given appointment against the 15 posts of girl candidates though there were clear directions of the Education Minister issued on 19.3.1994 that all the vacancies of Lab. Assistants advertised up to 31.3.1994 must be filled up. It has been averred that the petitioner's name stands at S. No. 5 of the merit list of the girl candidates and she is entitled to be appointed a Lab Assistant Gr. III. A direction has been sought for her appointment on the post.

(3.) In the reply filed by the respondents, it has not been denied that 30 posts of Lab Assistants were advertised and out of them 15 posts were for the girls and 15 for the boys. It has also not been denied that the petitioner stood at S. No. 16 in the merit list, and that no girl candidate of general category had been given appointment against 15 posts advertised. It has been averred that only 6 posts were vacant and three of them were reserved for Scheduled Caste which have been filled up and the remaining three posts, meant for the general category of candidates, could not be filled up for two reasons; first, one post was kept vacant in pursuance of the direction given by the High Court in S.B. Civil Writ Petition No. 3405/91, Akhil Rajasthan Rajya Prayogshala Sewak Sangh Vs. State of Rajasthan and second, two posts were kept vacant in pursuance of the direction given by the director dated 10.9.1992. It has been further averred that there were four girl candidates holding higher seniority in the merit list and as only three posts were available to the general category the petitioner did not get a chance of appointment. It has also been averred that as the merit list was, valid up to 31.3.1994, the writ petition deserves to be dismissed.