By way of this petition, under Article 226 of the Constitution of India, petitioner has prayed for an appropriate writ, direction and order quashing and setting aside the appointment of respondent No.5 as Sathi Sahayak (Peon) in respondent's school i.e. Shree Bhaktivedant Swamividhya Mandir, Village: Deva, Tal. Sojitra contending inter-alia that the petitioner was more meritorious than respondent No.5 who came to be selected and appointed.
Considering the affidavit-in-reply and the proceedings of the selection committee, it appears that respondent No.5 has secured as 84.08 marks and petitioner has secured 80.88 marks. There is no rejoinder filed to the affidavit-in-reply. Considering the above, when the selection committee has found respondent No.5 more meritorious, it cannot be said that the appointment of the respondent No.5 as Sathi Sahayak (Peon) is in any way illegal. Under the circumstances, present petition deserves to be dismissed.
In view of the above and for the reasons stated, present petition is accordingly dismissed. Notice discharged.
Shri N.K.Majmudar,learned advocate appearing on behalf of the petitioner has requested to permit the petitioner to withdraw the amount which is deposited by him pursuant to the order passed by this Court dated 1.7.2009. Considering the facts and circumstances of the case, Registry is directed to return the amount of Rs.2,500/- to the petitioner by way of account payee cheque and Rs.2,500/- to the respondent No.5 by account payee cheque on proper identification.
With these, present petition is dismissed.
(M.R.SHAH, J.) (ashish) Top