RAKHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) District Programme Officer, Uttarkashi issued an advertisement on 2/8/2010, whereby applications were invited from eligible persons for appointment as Anganwari Karyakarti and Mini-Anganwari Karyakarti and one of the condition of eligibility was that a candidate should be resident of the same Village/Tok/Majra/Ward, for which vacancy is advertised.

(2.) Petitioner as well as respondent No. 6 responded to the said advertisement and upon completion of selection process, tentative select list was issued on 25/2/2010. Since petitioner was not included in the select list, therefore, she filed objection against the tentative select list contending that respondent No. 6, who was selected, is not a resident of Bhainkuri Tok for which vacancy was advertised. Pursuant to the objection made by petitioner, a report was called for from Tehsildar Bhainkuri, who, in his report stated that as many as four candidates, including respondent No. 6, are resident of Bhankuri Tok. In view of the report submitted by Tehsildar, the objection filed by the petitioner was rejected and the select list was finalized and respondent No. 6 was declared successful for the post of Mini-Anganwari Karyakarti for Anganwari Centre, Bhainkuri, District Uttarkashi.

(3.) Against rejection of her objection, petitioner earlier filed WPSS No. 939 of 2011 and a coordinate Bench of this Court disposed of the said writ petition vide order dtd. 27/7/2011 with a direction to District Magistrate to refer the matter to the appellate authority forthwith; with further direction to the appellate authority to take a decision on petitioner's representation within four weeks.