JANKI HEMBROM Vs. THE STATE OF JHARKHAND & ORS.
LAWS(JHAR)-2012-10-102
HIGH COURT OF JHARKHAND
Decided on October 06,2012

Janki Hembrom Appellant
VERSUS
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

- (1.) HEARD learned Counsel for the appellant. Appellant is aggrieved by the order dated 14th July, 2011 by which appellant's W.P. (S) No. 494 of 2009 has been dismissed.
(2.) LEARNED Counsel for the appellant submitted that the respondent without verification of the caste certificate has given appointment on the post of Lady Supervisor in Scheduled Tribe category and thereby denied the writ petitioner's -appellant's appointment who was in Waiting List as the sole candidate of Scheduled Tribe. According the learned Counsel for the writ petitioner -appellant in reply, the respondents have admitted that they have not verified the caste certificate. However, learned Counsel for the writ petitioner -appellant shown us one document wherein the candidature of one of the Anganbari Sevika was rejected on the ground that she was not possessing requisite caste certificate though she was working as Anganbari Sevika. We have considered the submissions of learned Counsel for the appellant and perused the facts of the case. Undisputedly, 25 per cent of the Anganbari Sevika were eligible for appointment on the post of Lady Supervisor and those persons who were given appointment on the post of Lady Supervisor were working on the post of Anganbari Sevika and they were member of Scheduled Tribe. We are not impressed by the arguments of the learned Counsel for the appellant that for the purpose of appointment on the post of Anganbari Sevika the appointments were not given in S.T. category or general category and that was not State employment, therefore their working on the post of 'Anganbari Sevika' in the capacity or in the category of Scheduled Tribe is not relevant. Since, the petitioner who was only a person in the waiting list which itself has not given any right to the writ petitioner -appellant to claim any right particularly when there is a finding recorded by the learned Single Judge that the Anganbari Sevikas were working and they were from Scheduled Tribe category. In that situation, we are not inclined to interfere with the impugned order, hence this L.P.A. is dismissed.;


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