The State Of Rajasthan vs Maya Kumari D/O Vinod Kumar
2021 Latest Caselaw 515 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

         D.B. Civil Special Appeal Writ No. 391/2020

                                         In

            S.B. Civil Writ Petition No. 15962/2017

1.      The State Of Rajasthan, Through Secretary Panchayati
        Raj Department, Government Of Rajasthan, Secretariat,
        Jaipur.
2.      The Chief Executive Officer, Zila Parishad Dholpur District
        Dholpur.
                                                                         ----Appellants
                                     Versus
Maya Kumari D/o Vinod Kumar, Aged About 27 Years, Permanent
Resident    Of    Village    And     Post      Bhojasar           Via    Nua,   District
Jhunjhunu Rajasthan.
                                                                        ----Respondent

For Appellant(s) : Dr. Ganesh Parihar, Additional Advocate General For Respondent(s) : Mr. Sanjay Mehla, Advocate

HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Judgment / Order

20/01/2021

Appellant-State has filed the appeal challenging the order

dated 31.05.2019 passed by the learned Single Judge, whereby,

writ petition filed by the respondent, was disposed of.

We have heard learned counsel for the parties and have gone

through the record available on the file carefully.

Respondent had applied for the post of Teacher Grade III

Level II in the subject of Social Studies in pursuance to the

Advertisement dated 11.08.2013. Admittedly, respondent had

(2 of 2) [SAW-391/2020]

secured 172.25 marks, whereas, cut off marks were 170.23 for

female category. Due to inadvertence, respondent had mentioned

her gender as 'male' in her application, whereas, she was a

'female'. Learned Single Judge basing reliance on decision of this

Court at principal Bench, Jodhpur in Heera Bai Meena Versus the

State of Rajasthan & Another in S.B. Civil Writ Petition No.

14394/2017 decided on 20.11.2017 disposed of the writ petition.

The order passed by the learned Single Judge in Heera Bai Meena

case was not challenged by the State by way of appeal.

In the facts and circumstances of the present case, learned

Single Judge rightly held that the respondent be considered for

appointment as Teacher Grade III Level II in the subject of Social

Studies in 'female' category and the mistake regarding indication

of her gender was inadvertent.

No ground for interference is made out.

Dismissed.

                                    (MANOJ KUMAR VYAS),J                                           (SABINA),J

                                   Mohita /43









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