SHYAM KALI Vs. STATE

JUDGEMENT

(1.) Heard Sri M.D.Singh 'Shekhar' assisted by Sri R.D.Tiwari, learned counsel for the petitioner, Sri S.S. Sharma, learned counsel for the respondent Nos. 2 to 6 and Sri Shatrughan Singh, learned counsel for the respondent No. 7.

(2.) By means of the present petition, the petitioner is challenging the order dated 14.2.2011.

(3.) Both the petitioner as well as the respondent No. 7 applied for the post of Anganbari Sahayika for Deviganj Centre, which falls in urban area. There were two posts of Angnbari Sahayika, one was to be filled up by the General Category Candidate and the other was to be filled up by the Reserved Category candidate. The dispute relates to the post to be filled up by the Reserved Category candidate. Both the petitioner and the respondent No. 7 applied for the post to be filled up by the reserved category candidate. The respondent No. 7 is admittedly 8th Class pass and also holds the BPL certificate. The Administrative Committee of the Gram Panchayat rejected the application of the respondent No. 7 on the ground that she has not filed the educational certificates of Class V and VIII and the petitioner has been selected. The selection of the petitioner has been approved by the Gram Panchayat and thereafter for further approval, the matter has been referred to the Committee, headed by the District Magistrate. The District Magistrate has selected respondent No. 7 on the ground that she falls under the BPL category and is also older in age than the petitioner.