RADHABEN PUNABHAI MAHAKAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Admit. Learned Assistant Government Pleader Ms. Shruti Dhurve waives service of admission for and on behalf of respondent no.1, learned advocate Mr.Hardik Karathiya waives service of admission for and on behalf of respondent no.2 and learned advocate Mr. P.C. Chaudhari waives service of admission for and on behalf of respondent no.3. The matter is taken upon for final hearing today.

(2.) The present appeal emanates from the impugned judgment and order dtd. 6/12/2024 passed by the learned Single Judge in the captioned writ petition, whereby, the learned Singe Judge though has recorded findings in favour of the present appellant - original petitioner, has ultimately directed the appellant to make a representation.

(3.) Learned advocate Mr. Nisarg Jain appearing for the appellant has submitted that the learned Single Judge ought not to have relegated the present appellant to make a representation since the reasoning recorded by the learned Single Judge is in her favour. He has submitted that after the merit list dtd. 6/8/2019 was prepared, a decision was taken by the Committee on 13/12/2019 not to act upon such merit list in view of the communication dtd. 23/2/2017 issued by the Additional Director, Women and Child Development, Gandhinagar. Thus, it is submitted that despite the name of the appellant figuring at serial no.1 of the revised merit list, she is not offered the appointment. It is also submitted that the Additional Director has no authority to act against the Government Resolution dtd. 13/11/2009, which lays down the requisite criteria for the appointment to the post of Aganwadi Worker and Helper.