Ajit Singh, J. - (1.) BY this petition, the petitioner has essentially prayed that result of respondent No. 2 regarding her appointment on the post of Civil Judge (Junior Division) be declared illegal and instead she be directed to be appointed from the date other candidates have been appointed and be also placed over and above respondent No. 2 in the merit list.
(2.) THE facts in brief are these. On 25.11.2013 the Recruiting Authority published an advertisement inviting applications from eligible candidates for filling up 187 posts of Civil Judge (Junior Division). Out of these posts, 29 posts were reserved for Scheduled Caste candidates which included 9 posts for women. The petitioner as well as respondent No. 2 submitted their applications as women candidates in the category of Scheduled Caste. Both appeared in the preliminary examination and on being declared successful therein appeared in the main written examination held on 14th and 15th June 2014. It is not in dispute that respondent No. 2 is elder in age than petitioner. It is also not in dispute that aggregate marks obtained by the petitioner in main examination were 115 whereas respondent No. 2 obtained 123.5 and these marks were more than the required 30% minimum aggregate marks for candidates of Scheduled Caste to be eligible for interview. In the advertisement there was no mention about the criteria to be adopted for rounding off the marks. The advertisement also did not say that in the event of candidates securing equal marks in aggregate, their general suitability for service shall be adjudged on the basis of their date of birth and the eldest candidate amongst them shall be recommended for appointment.
(3.) AFTER the main written examinations were held, the Examination Committee on 26.6.2014 in its meeting passed a resolution regarding rounding off the awarded marks. It resolved that in case the aggregate marks came in fraction, it shall be omitted if fraction was less than half and in case fraction was half or above the same shall be rounded off to next higher figure.;