MADHUBALA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application was filed for, quashing the communication dated 31.12.1993 (Annexure -10) sent by the Deputy Commissioner, Giridih to the State Government, expressing his inability to make appointments from the so called merit list prepared in the year 1989 and rejecting the prayer of the appointment of the petitioner to the post of Assistant. Petitioner has also prayed for a direction upon the Deputy Commissioner to consider to appoint the petitioner.

(2.) THE case of the petitioner in short is that she applied for the post of Assistant pursuant to the Advertisement No. OC 15/ 1988 published in newspaper 'Aaj' (Ranchi edition) on 7.8.1988. She appealed in the interview pursuant to the interview card issued on 4.1.1991. Out of the same advertisement, interview for reserved, post was done on 22.12.1990 and on the recommendation of District Selection Committee appointment letters were issued to the candidates of reserved category on 7.1.1991. She was the only woman candidate in merit list and as per the roster she was entitled for appointment'. The Deputy Commissioner, Giridih was competent to appoint Class -III employees, but he arbitrarily withheld the appointment letter to the petitioner and other candidates who were in general category on some pretext or other.

(3.) THE petitioner has challenged the said order dated 31.12.1993 in this writ petition. On 16.3.1994 it was ordered that this writ application will be heard by a Division Bench, fixing the date of hearing as 9th May, 1994. This is how this writ petition has come up for hearing before the Division Bench.