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Judgment
This is an intra-court appeal filed by writ petitioner of Writ Petition No. 197/06 under Rule 134 of Rajasthan High Court Rules against an order dated 7.2.2008 passed in the above writ petition. Though it is barred by 15 days, we have ignored the issue of limitation and perused the impugned order with a view to find out whether the appeal has any merit or not.
Having heard the learned Counsel for the appellant and on perusal of the record of the case, we find no merit in this appeal.
The learned Single Judge was pleased to dismiss the writ petition by making following observations:
Learned Counsel for the petitioner submits that nothing has been said in the reply that the petitioner could not secure sufficient merit and, therefore, unless something is given in writing, the petition cannot be thrown on the ground as raised by the learned Counsel for the respondents.
Learned Counsel for the respondents, however, submits that he is making statement at bar and submitted a document in support of his statement after confirming the position from the record.
In view of the statement made by the learned Counsel for the respondents at bar, since the petitioner has not secured sufficient merit for getting appointment, hence even if the petitioner is considered to be eligible for consideration of her candidature in the category of divorcee woman, no relief can be granted as she has not secured sufficient merit.
When even according to the appellant, she does not satisfy the eligibility criteria meant for consideration in recruitment, then no prima-facie case in her favour for securing recruitment in question is made out. Indeed this is what was held by learned Single Judge in the impugned order while dismissing the writ.
Learned Counsel for the appellant was also not able to point out any infirmity in the impugned judgment either on facts or law. Indeed he too was fair enough to admit that the petitioner (appellant) does not stand anywhere so far as her merit required for post in question is concerned.
Accordingly and in view of the aforesaid, we find no merit in this appeal. It is accordingly dismissed in limine.
