RISHMA DEVI Vs. STATE OF HIMACHAL PRADESH
HIGH COURT OF HIMACHAL PRADESH
STATE OF HIMACHAL PRADESH
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(1.)By way of this petition, the petitioner has inter alia prayed for the following reliefs:-
"i) That the writ in the nature of certiorari may kindly be issued for quashing the interview conducted on 27.09.2014 by respondent Nos. 3 and 4 for the post of ASHA Workers and consequently quashing the appointment of respondents No.5 and 6 as ASHA Workers, thereby directing respondents No.1 to 4 to offer the appointment to the petitioner as ASHA Worker and justice be done.
ii) That the writ in the nature of mandamus may kindly be issued directing the respondent Nos.3 and 4 to produce the appointment letters issued in favour of respondents No.5 and 6 and place the same on record and thereafter quash the same as per relief No.1.
iii) That the writ in the nature of mandamus may kindly be issued directing the respondent Nos. 3 and 4 either to offer the appointment to the or in the alternative, the entire selection may kindly be quashed and set-aside, thereby directing the respondent Nos. 3 and 4 to conduct interviews afresh strictly as per the notification dated 19.10.2013 and justice be done".
(2.)The case of the petitioner is that she participated in a process for the selection of ASHA Workers, which was undertaken by the Government in the year 2014. Her grievance is that in the interview which was conducted on 27.09.2014, by the Committee so constituted by the State Government, the marks which were granted to her were on the lower side as compared to private respondent and further, the Committee which was so constituted by the Department for the purpose of making the appointments in issue, was not in terms of the Notification dated 19.10.2013. It is on these grounds primarily that the appointment of the private respondent stands assailed by the petitioner.
(3.)Learned Senior Additional Advocate General has argued that there is no merit in the petition as the petitioner having participated in the process without any protest, was not having any locus to maintain the petition as such, more so as the marks which were allotted to the petitioner by the Selection Committee and other candidates, were on the basis of their performance before the Committee. He has also drawn the attention of the Court specifically to the averments as are contained in para-3 of the reply, on merit filed by respondents No.1 to 4, wherein it is specifically mentioned that after issuance of letter dated 19.10.2013, the Government had again notified the constitution of Committee, vide its Communication dated 04.04.2014 and the constitution of the Committee for the selection of ASHA Workers was strictly inconsonance with the instructions which were prevailing at the relevant time when the interviews took place.
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