1 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. - - - - - 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 2 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