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Judgment
Heard learned counsel for the parties.
The petitioner was an applicant for appointment on
the post of Accountant in terms of the advertisement issued by the
district authorities for which she applied on 12.10.2007. Thereafter, a
select list was prepared in which the petitioner was shown selected for
the post of Accountant in Kasturba Gandhi Residential School,
Warisnagar, in the district of Samastipur. However, appointment
letter was not issued to her for which she has approached this Court.
Learned counsel for the petitioner submitted that in
terms of the advertisement, though the post of Accountant has not
been shown to be reserved for female but in the note appended, it has
been mentioned that the same would be filled up by female. Learned
counsel submitted that the authorities have not informed her as to why
appointment letter was not given to her and in her place, respondent
no. 8 has been appointed, which is illegal.
Learned counsel for the State submitted that in terms
of the advertisement itself only the posts of Warden and two Teachers
were reserved for females whereas the other posts of Accountant and
Peon were not reserved exclusively for female. Learned counsel
submitted that due to clerical error, in the note, it was mentioned that
even the post of Accountant would be filled up by female, which was
contrary to the instructions of the State Government as well as the
later clarification given by the District Magistrate, Samastipur.
Learned counsel submitted that this being the position, respondent no.
8 was given 8 marks and the petitioner got 4 marks and thus, he has
rightly been selected. Learned counsel drew the attention of the Court
to the statement made in the counter affidavit filed by respondent no.
4 to the effect that subsequently and as of now, the petitioner is
working as a Teacher.
Having considered the rival contentions, in the
considered opinion of this Court, no interference is required. The
petitioner cannot derive benefit of something mentioned in the note,
when in the main body of the advertisement, the post of Accountant
has not been shown to be reserved for female. The advertisement
itself having been issued on the general direction by the State
Government, in which only the posts of Warden and Teacher have
been reserved for female, the mentioning in the note, that the post of
Accountant shall also be filled up by female, would not create any
right in favour of the petitioner. Further, in view of the fact that the
same has later on been corrected by letter issued by the District
Magistrate, Samastipur and also the fact that respondent no. 8 got
much higher marks in the interview compared to the petitioner, his
selection cannot be said to be arbitrary.
For the reasons aforesaid, the writ petition stand dismissed.