23 October 1996
Supreme Court
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SEEMA KUMARI SHARMA Vs STATE OF H.P.

Bench: K. RAMASWAMY,G.B. PATTANAIK
Case number: C.A. No.-014531-014532 / 1996
Diary number: 78498 / 1996


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PETITIONER: MRS. SEEMA KUMARI SHARMA

       Vs.

RESPONDENT: STATE OF HIMACHAL PRADESH & ANR.

DATE OF JUDGMENT:       23/10/1996

BENCH: K. RAMASWAMY, G.B. PATTANAIK

ACT:

HEADNOTE:

JUDGMENT: O R D E R      Leave granted.      We have heard learned counsel on both sides.      These appeals  by special leave arise from the order of the Central  Administrative Tribunal,  Shimla Bench  made in O.A. No.619/95  and the  review order, The admitted position is that  the Director of Eduction issued a notice for Junior Basic Teachers’ Training. The criteria for selection was 100 marks  based  on  the  percentage  of  marks  based  on  the percentage  of   marks  obtained  in  matric  or  equivalent examinations, 20  marks for candidates belonging rural areas and 10  marks for candidates belonging to backward panchayat were  allotted.   Similarly,  10  marks  were  allotted  for candidates belonging  to IRDP families. Though the appellant claimed to  belong to  IRDP family, the authorities have not considered her claim and consequently did not award 10 marks as required under the criteria. When the appellant filed the writ petition,  the High  Court dismissed  the same  holding that the  appellant had  not produced  the certificate along with the  application and, therefore, she is not entitled to the above  status. When we directed the appellant to produce the record,  she made  the certificate a part of the record. Unfortunately it  does not  bear the  date of  issue; but we find that  she has  been given  serial number  of  the  IRDP family. In  view of the fact that serial are ascribed to all the candidates  in the  order, we  are of  the view that her failure  to   furnish  the   certificate  along   with   the application does  not disentitle her to claim the status for consideration of 10 marks. Pursuant to the interim direction granted by  this Court,  the appellant  has already appeared for the  examinations conducted  but her result has hot been announced.      Therefore, the  appeals are  allowed; the  order of the Tribunal stands  set aside.  There shall  be a  direction to declare the  result and  her case  for appointment  will  be considered in accordance with the rules, if she is selected. No costs.