Full Judgment Text
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PETITIONER:
MRS. SEEMA KUMARI SHARMA
Vs.
RESPONDENT:
STATE OF HIMACHAL PRADESH & ANR.
DATE OF JUDGMENT: 23/10/1996
BENCH:
K. RAMASWAMY, G.B. PATTANAIK
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
We have heard learned counsel on both sides.
These appeals by special leave arise from the order of
the Central Administrative Tribunal, Shimla Bench made in
O.A. No.619/95 and the review order, The admitted position
is that the Director of Eduction issued a notice for Junior
Basic Teachers’ Training. The criteria for selection was 100
marks based on the percentage of marks based on the
percentage of marks obtained in matric or equivalent
examinations, 20 marks for candidates belonging rural areas
and 10 marks for candidates belonging to backward panchayat
were allotted. Similarly, 10 marks were allotted for
candidates belonging to IRDP families. Though the appellant
claimed to belong to IRDP family, the authorities have not
considered her claim and consequently did not award 10 marks
as required under the criteria. When the appellant filed the
writ petition, the High Court dismissed the same holding
that the appellant had not produced the certificate along
with the application and, therefore, she is not entitled to
the above status. When we directed the appellant to produce
the record, she made the certificate a part of the record.
Unfortunately it does not bear the date of issue; but we
find that she has been given serial number of the IRDP
family. In view of the fact that serial are ascribed to all
the candidates in the order, we are of the view that her
failure to furnish the certificate along with the
application does not disentitle her to claim the status for
consideration of 10 marks. Pursuant to the interim direction
granted by this Court, the appellant has already appeared
for the examinations conducted but her result has hot been
announced.
Therefore, the appeals are allowed; the order of the
Tribunal stands set aside. There shall be a direction to
declare the result and her case for appointment will be
considered in accordance with the rules, if she is selected.
No costs.