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2020 DIGILAW 651 (HP)

Sunita Devi v. State of Himachal Pradesh

2020-09-25

AJAY MOHAN GOEL

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JUDGMENT : Ajay Mohan Goel, Judge (Oral): By way of this petition, the petitioner has, inter alia, prayed for the following relief: ?(i) That the selection of respondent No. 5 may kindly be quashed and set aside and respondent may kindly be directed to engage the petitioner.? 2. The case of the petitioner is that she applied for the post of Asha Worker under Post Office Burma Papeli, Tehsil Nahan, District Sirmaur, H.P., which comes under BMO Tehsil Nahan, District Sirmaur. Despite the fact that the petitioner fulfilled the eligibility criteria to be appointed as Asha Worker and was most meritorious amongst the candidates who participated in the process, yet ignoring her merit, the authority concerned has offered appointment to respondent No. 5, who is neither a deserving candidate nor belongs to the poor strata of the society. On this count, the petitioner has filed the present petition praying for the relief already enumerated hereinabove. 3. The petition stands opposed by the respondents. Respondents No. 1 to 4 in their reply have submitted that in the interview which was held for the selection of Asha Worker, as the claim of the petitioner was not found to be most meritorious, therefore, appointment was not offered to her and the same was offered to the candidate who was found to be most meritorious by the Selection Committee. 4. In the separate reply which has been filed by respondent No. 5, the stand taken therein is that respondent No. 5 also fulfilled the eligibility criteria for appointment as Asha Worker and the contention made in the petition with regard to the factum of the replying respondent not belonging to poor strata of the society was completely incorrect. Said respondent has thus pleaded that as there is no infirmity in her selection as Asha Worker, the petition being without any merit, be dismissed. 5. I have heard learned counsel for the parties and have also gone through the pleadings as well as the documents appended with the petition. 6. Though an averment has been made in the petition that the selected candidate was not eligible to be appointed as Asha Worker, but during the course of arguments and on the strength of documents on record, this fact could not be established by the petitioner. Record does not demonstrates that the selected candidate was not eligible to be appointed as Asha Worker. Record does not demonstrates that the selected candidate was not eligible to be appointed as Asha Worker. In these circumstances, in the absence of there being any malafides alleged against the Selection Committee that the selection of respondent No. 5 by the said Committee was not on merit, but due to some extraneous reasons, this Court cannot enter into the footsteps of the experts, who interviewed the candidates and selected the best candidate in their wisdom. Hence, this Court finds no merit in this petition, because the petitioner has not been able to substantiate that she was the most meritorious amongst the candidates who appeared for the appointment to the post of Asha Worker. 7. Accordingly, as there is no merit in this petition, the same is dismissed, so also pending miscellaneous applications, if any.