Law:

Section:

Civil service---

----Appointment---Scope---Plaintiff instituted suit for declaration for appointment to the post of Elementary School Teacher (BS-14) being on top of the merit list of waiting candidates and that recommendations of DSC (District Selection Committee) in favour of private defendant were un-warranted as the latter had contracted marriage and resided with her husband---Trial Court on the basis of compromise between plaintiff and defendant decreed the suit and directed the authorities to appoint plaintiff against the disputed post---Appellate Court dismissed the suit---Validity---Dispute between parties did not relate to eligibility of the plaintiff as she was resident of the concerned district and had successfully qualified the test/interview for the subject post---Private defendant had never contested the correctness of the judgment passed by the Trial Court before the Appellate Court---Judgment passed by Appellate Court lacked merit and warranted interference by the High Court---Revision petition was allowed.

JUDGMENT