BARIA KESHAMBEN MANGALBHAI Vs. CHIEF OFFICER

JUDGEMENT

(1.) THE petitioner has filed this petition under Article 226 of the Constitution of India praying to quash and set aside the appointment of the respondent No.2 as Anganwadi Worker and to direct the respondent No.1 to appoint the petitioner as Anganwadi Worker for Anganwadi Center at Baria / Bhagat Falia, Village Vulundi, Taluka : Limkheda, District : Dahod.

(2.) IT is the case of the petitioner that the respondent No.1 had issued public advertisement dated 25.02.2012 inviting applications from eligible candidates for the post of Aganwadi Workers in different Center in the Taluka of Limkheda. The petitioner made application with requisite certificates / documents. The petitioner has averred that after the interview of the candidates who applied for Anganwadi Workers, the merit list for appointment was prepared and the petitioner was shown aSr.No.1 in the merit list as the petitioner was possessing more education qualifications than the respondent No.2 and the respondent No.2 was shown at Sr.No.2 in the merit list having less qualification than the petitioner. It is further the case of the petitioner that though the petitioner was at Sr.No.1 in the merit list, to her shock and surprise, the respondent No.2 was appointed as Anganwadi Workers by the respondent No.1. Therefore, the husband of the petitioner gave complaint to online Gram Swagat Program on 06.06.2012. It is the case of the petitioner that the appointment of the respondent No.2 is an act of favouritism and with mala fide intention ignoring the parameters for the purpose of appointment as Anganwadi Workers.

(3.) I have heard learned advocates for the parties.