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S.B. Civil Writ Petition No.11026/2009
Smt. Lakhma. vs. State of Rajasthan & Ors.
Date : 7.12.2009
HON'BLE MR. PRAKASH TATIA, J.
Mr.SP Sharma, for the petitioner.
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Heard learned counsel for the petitioner.
The petitioner has been removed vide order
dated 16.11.2009 (Annex.1). The contention of the
petitioner is that she has been removed absolutely
illegally and without convening the meeting in
proper manner and further the resolution (Annex.6)
clearly reveals that the objections against the
resolution for removing the petitioner were
recorded after gap in the paper. It is also
submitted that one of the signatory on affidavit,
copy of which has been submitted along with the
writ petition, has stated that he never signed on
the said resolution. It is also submitted that the
respondent no.6 is close relative of Sarpanch and
the petitioner’s father-in-law complained against
the Sarpanch, therefore, the petitioner has been
removed.
From the facts of the case, it is revealed
that the petitioner was only 5th class pass and she
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was given appointment by relaxation given for
education qualification as per clause 5 which
provides that if eligible candidate i.e. 10th class
pass candidate is not available, lower merit
person can be given appointment but that can
continue only till the suitable candidate is
available.
Here in this case, admittedly, the respondent
no.6 is 10th class pass candidate and in view of
the above, removal of the petitioner cannot be
faulted as the petitioner was not qualified person
and, therefore, she cannot be continued in view of
the availability of eligible candidates.
Learned counsel for the petitioner also
submitted that the respondent no.6 is below 21
years of age. This submission has no force as
there is clause-4 which provides for age
relaxation.
In view of the above, I do not find any merit
in this writ petition. Consequently, this writ
petition is hereby dismissed.
(PRAKASH TATIA), J.
S.Phophaliya