MADHU BISHT Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) An advertisement was published on 29.07.2010 inviting applications for the post of Aaganwari Karyakarti. Petitioner and respondent no. 6 applied for the post. Initially, petitioner was selected. A complaint was made by Mr. Deep Chandra Joshi and matter was referred to the Appellate Committee for inquiry. The Appellate Committee re-examined the matter and found some irregularities in selection and the Appellate Committee, accordingly, directed the Appointing Authority to appoint respondent no. 6. Candidature of the petitioner was rejected on the ground that petitioner is resident of Village - Yashwant Nagar, Nai Basti and not resident of Village - Yashwant Nagar and respondent no. 6 is more qualified. Feeling aggrieved, petitioner approached this Court.

(2.) Heard Mr. D.C.S. Rawat, Advocate for the petitioner, Mr. M.S. Bisht, Brief Holder for the State of Uttarakhand and Mr. J.S. Virk, Advocate for respondent no. 6.

(3.) Case of the petitioner is that as per condition laid down in the advertisement, candidate should be resident of the same Village / Majre / Tok / Ward wherefor post is advertised and in case, resident of that area in not available, then Department can select candidate from other area.