PUJA SHREE Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing the reasoned order contained in Memo No. 235 dated 27.01.2012 (Annexure -8) by which the application of the petitioner for appointment on Class -III post in the Collectorate of Godda has been rejected.

(2.) It appears that as per the Circular of the State Government contained in Resolution No. 2147 dated 13.10.2008, the petitioner, being a graduate and belonging to premative triable, had applied for appointment on the Class -III post, but the same has been rejected on two grounds; firstly, there is no vacant post of Class -III employee in Godda Collectorate, secondly, the petitioner had graduated in the year 2010, though the said Circular is applicable only to those graduate, who passed the examination in the year 2008. It is submitted by Mrs. Ritu Kumar, learned counsel for the petitioner that the petitioner appeared in the examination of B.A. for the batch 2008, but her result published in the year 2010. Therefore, respondent ought to have treated her the graduate of 2008. Accordingly, Mrs. Kumar submits that the reason for rejecting the application of the petitioner is not tenable.

(3.) On the other hand, learned Additional A.G. submits that from perusal of the resolution of the State Government (Annexure -A), it is clear that the candidate belonging to premative tribal, who passed the graduate examination till the year 2008, are only entitled for appointment. He submits that admittedly petitioner passed the examination in the year 2010. It is submitted that the petitioner herself stated in the writ application that she appeared in the examination held in the month of July, 2009. Thus, it is clear that in the year 2008 she was not graduate. It is further submitted that as per Annexure -A, the aforesaid appointment can be done only against the vacant sanctioned post. Since there is no vacant sanctioned post in the Godda Collectorate, where the petitioner has applied for appointment, no appointment can be made.