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10. It was also argued that the petitioner had duly participated in the written and computer proficiency tests, secured her position in the merit list and yet was denied engagement, while candidates lower in rank were appointed. It was alleged that appointments were granted in excess of the notified vacancies and not in conformity with the category-wise distribution originally declared.

11. The Learned Advocate for the petitioner submitted that the petitioner's representations were not disposed of, compelling her to approach this Court. Even after an order was passed, directing consideration of the remaining vacancies, the respondent failed to act within time, necessitating initiation of contempt proceedings. On these grounds, it was prayed that the subsequent notification and appointments granted thereunder be set aside and appropriate relief be granted to the petitioner.

13. The Learned Advocate representing the respondent submitted that the recruitment process for engagement of Block ASHA Facilitators under Khatra Sub-Division was conducted strictly in accordance with the notified procedure and reservation norms. It was stated that the initial notification dated 7th October 2015 was issued for filling up 16 posts with specified category wise distribution.

14. It was submitted that the petitioner applied under the OBC-B category and participated in the selection process. Upon evaluation of the written and computer proficiency tests, a merit list was prepared. The sole vacancy under the OBC-B category was filled by a candidate who secured higher marks than the petitioner. The petitioner, having obtained lower marks, was placed in the panel or waiting list and had no entitlement to appointment once the selected candidate joined service.

21. Based on written test and computer proficiency test performance, a merit list was prepared. The name of the petitioner appeared under Serial No.5 in the list of eligible candidates, which was published by the District Selection Committee and she was allowed to appear in the examination and computer proficiency test. Due to unavailability of eligible candidates under certain reserved categories (Exempted and Ex-Serviceman for Group C & D), the District Level Selection Committee held a meeting on 11.01.2016 and came to a decision by adopting a resolution. The following de-reservations were as follows:-

Anup Kumar Sardar - marks obtained 47.70 OBC-B (1 post):
Uttam Rana marks obtained 51.71 (whereas the Writ Petitioner applied for the same post in OBC-B category and scored 46.59 marks in the examination and computer proficiency test).

23. Total 13 candidates from all categories were allotted appointment against 16 vacant posts as per the Notification dated 07.10.2015. In the said selection process, 04 OBC-B category candidates applied against 01 vacant post. Their merit list, position and scores were as follows:-