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Judgment
7 paragraphs · 341 wordsThe petitioner was one of the candidates for the post of Lecturer (History) in General Branch. Admittedly the petitioner and respondent No. 4 participated in the said selection process under the Scheduled Caste category.
The case of the petitioner before this Court is that respondent No. 4 - Sumita Singh had applied for the posts of Lecturer (History) - General Branch, Lecturer (History) Woman Branch and Lecturer (English) General Branch. Initially respondent No. 4 was selected in all the three posts (referred above) and subsequently, she has opted for the post of Lecturer (English) for which recommendation has been made and as of now she has joined on such post on 20.07.2016 in Government Girls Inter College, Khurpatal, Nainital.
The case of the petitioner now is that on records respondent No. 4 has also been shown as selected for the post of Lecturer (History) in Woman Branch in the Scheduled Caste category whereas that post was liable to be shown as vacant and the petitioner, being No. 1 in the waiting list, was liable to be recommended for appointment.
This contention of the petitioner is by and large admitted at the hands of the respondent authority. Mr. B.D. Kandpal, learned counsel for the Uttarakhand Public Service Commission is filing counter affidavit today in the Court,
which is taken on record. In its counter affidavit, the Commission has admitted the above position. The relevant paragraph of the counter affidavit reads as under:-
"That if the respondent no. 4 has already be joined as Lecturer, English in that case, she did not join as Lecturer (History) then this post can become vacant and can be supplied from the waiting list as per service rules and government orders."
In view of the above admitted factual position, the writ petition is allowed. A mandamus is hereby issued to the authority concerned, to recommend the name of the petitioner for the post of Lecturer (History) under the Scheduled Caste Woman category, unless there is any other ineligibility attach to the petitioner.