SHARDABEN KALUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present petition is filed by the petitioner under Article 226 of the Constitution of India seeking direction to the respondents to give appointment to the petitioner for the post of "Mukhya Sevika", Class III and to declare that the petitioner is eligible and entitled for being appointed on such post as per the prescribed norms of the State Government.

(2.) Brief facts leading to the present petition are that the petitioner has been appointed as Anganvadi Worker under the I.C.D.S. Scheme for Dahod Taluka and accordingly she started working as Anganvadi Worker at Vadbara-2 Anganvadi. That respondent No.3 called for information of the Anganvadi Workers for filling up the post of Mukhya Sevika, who have worked continuously for a period of ten years. Though the petitioner was possessed the minimum education qualification of S.S.C. and fulfilling requisite criteria prescribed for the said appointment, her name was reflected at Sr.No.45 and, therefore she made representation to respondent No.3, however, the same was remained undecided, she preferred Special Civil Application No.14148 of 2010. This Court vide order dtd. 20/7/2010 directed respondent No.3 to consider the representation and to pass reasoned order in accordance with the Government Resolution dtd. 21/5/2007. That pursuant to the directions issued by this Court, the District Development Officer, Godhra has informed the petitioner that since her age is more than 45 years as on 1/4/2011, her name was not included in the select list and she has not been appointed as the Mukhya Sevika.

(3.) Being aggrieved and dissatisfied by the impugned inaction on the part of the respondent - authority in depriving the petitioner for appointment by nomination to the post of Mukhya Sevika, the present petition is filed.