SUMATI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal, which is time barred by 168 days, has been preferred against an order dated 15.10.2008 passed by the learned Single Judge in W.P (S) No.2112/2008. However, the appeal has been filed along with an application for condonation of delay, in which it has been stated that the appeal could not be filed within the prescribed period of limitation since the appellant had preferred a review petition against the impugned order passed by the learned Single Judge, against which this appeal has been filed.

(2.) ALTHOUGH we are not convinced with the explanation offered with regard to the delay in filing this appeal, we thought it just and appropriate to permit the counsel for the appellant to address us on the merit of the appeal merely to avoid any miscarriage of justice, if there be any. We, therefore, permitted the counsel for the appellant to argue this appeal on merit.

(3.) LEARNED counsel for the appellant emphasized that in view of the circular of the respondent - State indicating that a person having higher qualification should be selected for the post of Anganwari Sewika, the appellant had a superior claim over the selected candidate, i.e. respondent no.5.