JUDGMENT 1. 1. On 7.2.1996 an advertisement was published by the Directorate of Medical & Health Services, Rajasthan, Jaipur, inviting applications for training of Woman Health Worker, Petitioner, having possessed all the requisite qualifications, applied for the training along with the requisite documents. The petitioner was issued interview letter. She has secured 46.93% marks in Class Xth, which is a necessary qualification for admission to the training. The petitioner was denied training on the ground that she has not submitted the certificate showing that she is a bona fide resident of Rajasthan. It is the petitioner's case that the candidates lower in marks i.e. who secured lesser marks than her in Class Xth, have been selected but she has not been selected only on the ground that she has not produced the aforesaid certificate. Petitioner filed a writ petition seeking directions that she be directed to be given the training of Woman Health Worker. By order dated 6.8.1996, the writ petition was dismissed on the ground that the petitioner did not furnish the certificate of her being a bona fide resident of Rajasthan, which is a condition precedent of the advertisement and, therefore, she was rightly denied admission in the training. 2. The petitioner has preferred this appeal. Learned counsel for the appellant has pointed out condition No. 2 of the advertisement wherein it has been said that the bona fide residents of Rajasthan shall be given preference. The condition does not say that the admission to the training shall not be given if the certificate of bona fide resident is not produced. This preference does not mean that simply on the basis of residential certificate a person shall be given admission to the training denying admission to a meritorious person. It is the specific allegation of petitioner in her petition that the candidates securing lesser marks than her, have been given admission. There is not denial of this fact in the return. The petitioner having secured more marks than the candidates who have been given admission in the training, she is entitled to be given admission. It is not the case of respondents that the persons who have been given admission are equal in merit, plus they were the bona fide residents of Rajasthan. The petitioner having secured more marks than the candidates who have been selected, should have been selected for the training. 3.
It is not the case of respondents that the persons who have been given admission are equal in merit, plus they were the bona fide residents of Rajasthan. The petitioner having secured more marks than the candidates who have been selected, should have been selected for the training. 3. Consequently, this appeal is allowed. Order of the learned Single Judge dated 6.8.1996 is set-aside. The respondents are directed to permit the petitioner in the training of Woman Health Worker which is to commence after this order. The parties shall bear their own costs.Appeal Allowed-Order Of Single Judge Set-Aside-Petitioner Allowed To Be Admitted. *******