NIRMALA BESRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned counsel for the petitioner submitted that the petitioner was working as Anganbari Sevika since 5.1.1990 and in pursuance of an public advertisement, floated by the respondents, the petitioner applied for the post of Lady Supervisor. There is 25% reservation towards the promotional quota and the petitioner has applied for promotion quota and has appeared in the requisite examinations. The petitioner has secured 130 marks. It is further submitted by the learned counsel for the petitioner that there are other similarly situated candidates like the petitioner, who have also secured 130 marks, but, the respondents have selected those candidates, who are elder than the petitioner in age. In fact, there is no such rule, regulation, policy or executive instructions for such type of selection with the aforesaid criteria for the post of Lady Supervisor. It is further submitted by the learned counsel for the petitioner that, in fact, the petitioner is much senior to the other similarly situated candidates, having 130 marks for the posts of Lady Supervisor. It is further submitted by the learned counsel for the petitioner that "elder in age" cannot be a criteria for selection of a candidate amongst those, who have secured similar marks. This classification has no reasonable nexus with the object, sought to be achieved by the Act, and there is, thus, violation of Article 14 of the of the Constitution of India.

(2.) It is further submitted by the learned counsel for the petitioner that there are two tests of right of equality, which are as under: (a) There must be a reasonable classification; and (b) Classification must have a reasonable nexus with the object, sought to be achieved.

(3.) It is submitted by the learned counsel for the petitioner that the second condition has not been fulfilled in the facts of the present case. The elder or an advance age cannot be a criteria for appointment to a post of Lady Supervisor from amongst those candidates, who have secured similar marks. Even there is no rule for such type of criteria, prescribed under any Rule, Regulation, Policy of Executive Instructions and, therefore also, the petitioner ought to have been selected on the post of Lady Supervisor, as she is much senior on the post of Anganbari Sevika from amongst the candidates, who have secured 130 marks for the post of Lady Supervisor.