MONIKA DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is preferred by the fifth respondent in the Writ Petition aggrieved by the order passed by the learned Single Judge in Writ Petition (S/S) No.1404 of 2011 dtd. 12/4/2019. In the said Writ Petition, a writ of certiorari was sought to quash the illegal appointment of the appellant-fifth respondent by order dtd. 30/6/2011; and a writ of mandamus directing and commanding the respondents to provide an opportunity for making an application, for appointment to the post of Anganbari Karyakarti and Sahayika, to the eligible candidates on the basis of priority of residence of the concerned sub-village where the Anganbari centre is situated.

(2.) Facts, to the limited extent necessary, are that an advertisement was initially issued on 25/7/2010 inviting applications for being considered for appointment to the post of Anganbari Karyakarti and Sahayika in the 96 Anganbari centres in Sitarganj block of Udham Singh Nagar district. The authorities later realized that there were, in fact, 99 Anganbari centres and not 96; and, accordingly, an errata was issued and a notice was pasted, on the notice board of the Tehsil office, inviting applications for the remaining three posts of Anganbari Karyakarti and Sahayika in three different Anganbari centres in Sitarganj block.

(3.) In terms of the Rules only a person, who is a resident of the village in which the Anganbari centre is located, is entitled to apply for the said post; and since the advertisement contained the names of only 96 Anganbari centres, and Anand Nagar in Tiliyapur Gaon Sabha was not one among them, residents of the village Tiliyapur could not have applied for appointment as an Anganbari Karyakarti in any of these 96 Anganbari centres, since their eligibility, to be appointed to the said post, is only in relation to the Anganbari centre located in their respective villages. The errata issued by the authorities, and the notice which was affixed on the notice board, was not to the knowledge of the respondents-writ petitioners', resulting in their inability to submit their applications pursuant thereto, and in not being able to participate in the process of selection.