ANAMIKA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) By a writ petition, made under Article 226 of the Constitution of India, the present appellant, as writ petitioner, sought for setting aside and quashing the select list, dated 20.12.2012, published by respondent No. 5, namely, District Programme Officer, Sitamarhi, for appointment to the posts of Mahila Paryavekshikha. The writ petition, so made, gave rise to CWJC No. 22244 of 2012, the challenge to the legality and validity of the said select list being on the ground that the select list had been prepared in contravention of law, more particularly, contrary to the law laid down in the order, dated 27.09.2011, passed in CWJC No. 10329 of 2008.

(2.) The background facts, giving rise to the writ petition, may, in brief, be set out as under:

(3.) By order, dated 25.02.2014, passed in CWJC No. 22244 of 2012, a learned single Judge of this Court took the view that this Court's decision, relating to appointment of Panchayat Shiksha Mitra, was not applicable to the present case and, relying upon the principles laid down in Indra Sawhney v. Union of India, 1993 AIR(SC) 477, held that a candidate of reserved category, whether demands or not, would be placed in the pool of the candidates of general category on the basis of his/her own merit. Based on the conclusion so reached, the writ petition was dismissed.