- (1.) This Mandamus-Appeal is at the instance of an unsuccessful writpetitioner and is directed against an order dated 11th August, 2010 passed by a learned Single Judge of this Court by which His Lordship dismissed the writ2 application filed by the appellant thereby holding that the writ-petitioner was not entitled to get any relief as she had no requisite qualification of being empanelled as a candidate under the exempted category' because the existing Rules do not prescribe that a former census worker for the year 2001 should come under the said category.
(2.) Being dissatisfied, the writ-petitioner has come up with the present mandamus appeal. The appellant before us filed a writ-application, being W.P. No.15405 (W) of 2010, out of which the present Mandamus-Appeal arises, thereby praying for a mandamus commanding the respondents to show cause as to why the result of the writ-petitioner as a successful candidate in the exempted category should not be published, for issue of appointment letter in her favour for the appointment to the post of a primary teacher in any primary school under the control of the Bribhum District Primary School Council on the ground that the selection committee after scrutiny of the application, the academic testimonials as well as the certificate issued by the Block Development Officer concerned certifying successful participation of the writ-petitioner in the Census Operation, 2001, prepared a category-wise list of the candidates on the basis of the marks obtained by them in academic result according to merit by moving in the descending order and thereafter, prepared a merit list of candidates to be called for a written test in the ratio of 1:15 of the total number of vacancies to be filled and lists had been prepared for candidates belonging to the general, scheduled castes, scheduled tribes, and other backward classes, ex-servicemen and other exempted categories as specified, and following such procedure, the writpetitioner was called for the written test as a candidate of the exempted category.
(3.) According to the writ-petitioner, she was shortlisted for the written test and viva voce/aptitude test as a candidate of the exempted category and on the basis of her marks obtained in such tests, she was selected for the appointment to the post of primary teacher under the exempted category and as such, she should be empanelled as successful candidate for appointment.;