MANJULABEN KHUMANSING BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By preferring the present petition under Article 226 of the Constitution of India, the petitioner has challenged the selection of respondent No.4 as Anganwadi Worker at Hirapur (Dipapura) Anganwadi Center vide order dated 29.04.2010, with a further prayer to direct the respondents to appoint the petitioner to the said post.

(2.) The brief facts are that the Child Development Project Officer, Consolidated Child Development Project, Jambughoda (respondent No.2), issued a public advertisement which was published in the daily vernacular newspaper 'Sandesh' on 12.02.2010, calling for applications for the posts of Anganwadi Workers/Helpers. The posts advertised included the post of Anganwadi Worker at the newly sanctioned Anganwadi Center at Hirapur (Dipapura). In response to the above advertisement, the petitioner, having studied upto 12th standard and being a local candidate, applied for the post in question. The interview was held by the Selection Committee on 09.04.2010. According to the petitioner, she meets with all the requirements as contemplated by the Rules and expected that she would be selected. However, the petitioner came to know that respondent No.4 who, according to the petitioner, is not qualified for the post, has been selected. The petitioner addressed a letter dated 02.05.2010 to the President, Taluka Panchayat, Jambughoda, pointing out that respondent No.4 did not have the necessary qualifications and has been wrongly selected. The petitioner wrote another letter do the District Development Officer on 05.05.2010 raising the same grievance. Similar letters were addressed by the petitioner to the Collector, Panchmahals, and the Hon'ble Chief Minister. It is the case of the petitioner that as no action has been taken by the Competent Authorities, in this regard, she has approached this Court by filing the present petition.

(3.) Ms.Megha Jani, learned Advocate for the petitioner, has forcefully submitted that : -