S.Subhavathi v. The District Collector

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.8914 of 2019 ORDER:

This writ petition is disposed of at the stage of admission with the consent of both the parties.

This writ petition is filed seeking the following relief :- " ...... to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring that the petitioner is entitled for selection and appointment to the post of Junior Panchayat Secretary in Jogulamba-Gadwal District under S.C.Women quota as per her merit with all consequential benefits by holding the action of the respondents in not considering the just claim of the petitioner for selection and appointment to the post of Junior Panchayat Secretary in terms of Notification No.2560/ CPR&RE/ B2/ 2017, dated 31.8.

2018 issued by the 2nd respondent while considering less meritorious candidates under the said community without any justification or reasonable cause on the ground that I had committed mistake while making application for the said post even though the said mistake is done by the Computer Operator of Meeseva at the time of applying for the said post without my knowledge and that I had already made representation to consider my case for appointment under SC Women quota for the post of Junior Panchayat Secretary is as illegal ....."

Heard Mr.D.Balakishan Rao, learned counsel for petitioner and the learned Assistant Government Pleader of Services-II. It has been contended by the petitioner that she is fully eligible and qualified to be appointed as Junior Panchayat Secretary and she has responded to the Notification issued on 31.08.2018 to fill up the post of Junior Panchayat Secretary. At the time of filling up the application, the computer operator of

Meeseva had wrongly entered that the petitioner belongs to Ex-Servicemen, though she belongs to Scheduled Caste community. The petitioner has participated in the selection process and she got 79.00 marks and she is the top most candidate under Scheduled Caste community. The respondents have rejected the case of the petitioner, as the petitioner had wrongly filled the application form. The candidates, who have secured far less marks than the petitioner, were appointed as Junior Panchayat Secretaries in the Scheduled Caste community, ignoring the case of the petitioner. Therefore, appropriate orders be passed in the writ petition directing the respondents to consider the representation submitted by the petitioner on 22.12.2018 and pass appropriate orders and further direct the respondents to consider the case of the petitioner for appointment to the post of Junior Panchayat Secretary under Scheduled Caste community, as still nine vacancies are available.

Learned Government Pleader appearing for respondents has contended that the case of the petitioner will be examined and appropriate orders would be passed on the representation submitted by the petitioner in accordance with law. This Court, having considered the rival submissions, is of the considered view that this writ petition can be disposed of directing the respondents to consider the case of the petitioner for appointment to the post of Junior Panchayat Secretary in the existing vacancies by duly considering the representation submitted by the petitioner on 22.12.2018 and pass appropriate orders in

accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

With the above observations, the writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J Date: 25-04-2019 Prv