RAMBAI DANSENA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD learned Counsel appearing for the writ appellant as well as learned Counsel appearing for the respondents.

(2.) THIS writ appeal has been filed against the judgment and order dated 15.12.2008 passed in W.P.(S) No. 6998/2008 and the order dated 28.2.2009 passed in Review Petition No. 8/2009, by the learned Single Judge.

(3.) LEARNED Single Judge allowed the writ petition on the ground that the respondent No. 6 cannot be denied the appointment on the ground that her name was not included in the voter list. This is a fact that she was new for the village as she married only three months before and it is mandatory for making appointment that her name should have been entered in the voter list. This condition cannot be relaxed by the Court as it is beyond the scope of judicial review. The administrative decisions/policy cannot be altered by while making judicial review. However, we think that in case none inclusion of name in the voter list cannot be taken as mandatory condition in the selection and a departure can be made from administrative instructions, then why departure be taken in only one case and why not in others' cases. Once applications were invited and certain conditions have been imposed, including that a candidate's name should find place in the voter list, then there would have been so many prospective candidates who could not selected and find place in the selection process because of the reason that their names were not included in the voter list. Therefore, we are of the opinion that once a rule has been made and acted upon, the same was to be acted upon for all and no relaxation or departure from the rule was possible for a particular candidate. If that rule was to be relaxed, the same was liable to be relaxed for all and not for an individual. Therefore, once a condition has been imposed in the policy of the appointment of Anganbadi Workers that a candidate's name should find place in the voter list of that village, the candidate whose name does not find place in the voter list of that village cannot be an eligible person and that candidate cannot be selected ignoring that condition.