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Petitioner has approached this Court by way of present writ petition claiming that her candidature for appointment to the post of JBT Teacher under Dependents of Ex-servicemen category (female) has wrongly been rejected on the ground that the petitioner failed to produce the dependent of Ex-servicemen's certificate issued by the Zila Sainik Board before the closing date for submission of the application form i.e. 14.9.2009.

Counsel for the petitioner contends that the petitioner is the daughter of an Ex-serviceman and is dependent upon him. 9647 posts for filling up the vacancies of JBT Teachers were advertised. Out of these 9647 posts,102 posts were reserved for Ex-servicemen (General, female) category and in case the candidates under the Ex-servicemen (General Female) category were not available, these posts were to go to the dependents of the Ex-servicemen (female) category. Only 8 posts out of 102 posts were filled up thereby leaving 94 posts vacant. His submission is that before the date of interview, petitioner submitted the dependent certificate of the Ex- serviceman dated 13.8.2010 (Annexure P-6). Interview was held on 27.8.2010 and before the said date, the petitioner had already submitted the certificate on the same date on which it was issued i.e.13.8.2010. He, on this basis, contends that the petitioner is entitled to be considered against the post meant for dependents of Ex-servicemen category (female) whereas her candidature was considered under general category in which she has not been found to be eligible as the cut off marks of the last selected candidate belonging to the general category are 53.06 and the petitioner secured 49.54 marks. Reliance has been placed by the counsel for the petitioner on a judgment of the learned Single Bench of this Court passed in CWP No.12083 of 2010 titled as Vikas Girdhar vs. State of Haryana and another, decided on 31.1.2011.

In view of the mandatory condition imposed in the advertisement and in the light of the fact that the petitioner did not possess the dependent certificate of Ex-serviceman on the last date of submission of the application form, the writ petition does not have any merit. The same is accordingly dismissed.

February 16, 2012                      ( AUGUSTINE GEORGE MASIH )
poonam                                           JUDGE