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Judgment
Jyotsna Rewal Dua, J
State has assailed the judgment dated 27.10.2010 passed by leaned Single Judge in CWP(T) No. 3051 of 2008, whereby directions were given for appointing the writ petitioner as sweeper in accordance with the existing recruitment policy.
Interview for filling up six vacant posts of sweepers in District Shimla was held on 16.12.1995. In this interview, six candidates, excluding the petitioner, secured marks equal to the petitioner. Three, out of these six candidates, are older to the petitioner in age. Two candidates have secured more marks than the petitioner.
We find considerable force in the argument advanced by the appellant that the writ petitioner cannot be appointed to the post by ignoring the claims of those who are above her in the selection list.
Merely because such persons were not impleaded in the writ petition would not mean their's agreeing to forfeiture of their rights in terms of concluded selection process. Under these circumstances, the petitioner cannot claim any preferential right for appointment over and above those who have scored more marks than her. The observation of learned Single Judge that petitioner has been discriminated is not borne out from the record.
We, therefore, find merit in the instant appeal. Accordingly, the present appeal is allowed and the impugned judgment passed by learned Single Judge is quashed and set aside.