JUDGMENT :

SANGEETA K. VISHEN, J.

1. By this Letters Patent Appeal, the appellants have challenged the CAV judgment dated 26.2.2019, whereby, the learned single Judge has allowed the writ petition, setting aside the action of the appellants, that is, the respondents in not offering appointment to the original petitioner (hereinafter referred to as “the petitioner”) as Head Teacher (Class-III), despite availability of vacancy and despite inclusion of name of the petitioner in the selection list.

2. The facts, as is discernible from the record, are as under:

2.1 The petitioner is serving as a Teacher in Kasturba Gandhi Balika Vidyalaya, an approved school run by the District Panchayat under Sarva Shiksha Abhiyan (hereinafter referred to as “the SSA”). The petitioner has been appointed as Teacher in the said school since 9.7.2009 and barring artificial break of one or two days, the petitioner has been in continuous employment in the said school. Moreover, the petitioner has also cleared the Head Teacher Aptitude Test (hereinafter referred to as “the HTAT”).

2.2 Vide advertisement dated 22.1.2017, online applications were called for, from the eligible candidates. Accordingly, the petitioner