ALKA BOHRA Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) This writ petition is directed against order dated 24.12.1993 by virtue of which the respondent No. 3 has been accorded appointment.

(2.) The facts are that an advertisement was issued by the respondent Education Department for selection on the post of Lab. Assistants. On the basis of the applications a merit list was prepared in which at S.No. 1 was Smt. Meena Vyas respondent No. 3, at S.No. 2 was Miss Chetna Deora and at S.No. 3 was the petitioner Alka Bohra. The interview letters in the shape of Annex. 2 were issued and the interviews were fixed for 20.9.1993. The respondent No. 3 did not appear because her interview letter was received by her only on that day and she telephonically contacted the respondent No. 2 that since she has received the interview letter only on that day she cannot reach his office on that day and after hearing her telephonic explanation/ information she was directed by the respondent No. 2 to appear for interview on 21.9.1993. Consequently, she appeared for interview on 21.9.1993. In interview the only formality which was to be done was that her testimonials were to be checked whether they are in order or not. After cheking her testimonials the appointment was offered to respondent No. 3 being first in the merit and another appointment was offered to the person at S.No. 2 in the merit i.e. Miss Chetna Deora.

(3.) The petitioner challenges the appointment of respondent No. 3 on the ground that there is no power available with the respondents to relax her appearance on 20.9.1993 and instead to appear on the next day i.e. on 21.9.1993. She was required to appear on 20.9.1993 and in terms of the conditions mentioned in the interview letter Annex. 2 she was to be struck off from the merit list and the relaxation granted to the respondent No. 3 for appearing on 21.9.1993 is per se illegal.