STATE OF UTTARAKHAND AND ANOTHER Vs. RITU AGARWAL

JUDGEMENT

(1.) Appellants are the State and the Child Development Project Officer. By the order challenged in the Appeal, the learned Single Judge directed the candidature of the writ petitioner to the post of Mukhya Sevika to be considered. It was, however, made clear that the appointment will only be given to the writ petitioner, if posts are lying vacant, as contended by the learned counsel for the writ petitioner. Petitioner applied for the post of Mukhya Sevika. She was working as Angan Bari Karyakarti. The post of Mukhya Sevika is a higher post than Angan Bari Karyakarti. It is by way of promotion from Angan Bari Karyakarti and by direct recruitment that the post of Mukhya Sevika is to be filled. Admittedly, one of the essential qualifications for the post of Mukhya Sevika is that the candidate must have Sociology as a subject in graduation. The writ petitioner was not having Sociology as a subject in graduation, but she was post graduate in Sociology. Her candidature was, however, rejected as she was not having the minimum qualification. The learned Single Judge has reasoned as follows:

(2.) It is on the said basis that the direction has been issued.

(3.) We heard Mr. H.M. Bhatia, Brief Holder for the State of Uttarakhand / appellants and Sri Sanjay Bhatt, learned counsel for the respondent.