NISHA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition is directed against the order dated 29.05.2012 passed by District Magistrate, Kannauj cancelling selection of petitioner Anganbari Sahayika for Anganbari Centre Bhoramau, Gram Sabha Kalsan, Tehsil Tirwa, District Kannauj on the ground that she is not permanent resident of said village hence her selection and appointment would be in the teeth of Government Order dated 16.12.2003.

(2.) Learned counsel for the petitioner referred to the advertisement and said that in case the candidate of same village is not available, the candidate of Gram Panchayat of which the village in question is part can be considered.

(3.) Learned Standing Counsel, however, has filed counter affidavit placing on record the relevant Government order pursuant whereto the selection in question has been made, pointing out that the condition, that incumbent must belong to same village is mandatory. He refers to para 3(a), (b), (c), (d), (e) and (f) thereof and contended that there is no scope of alteration of condition that the incumbent must belong to same village otherwise the selection and appointment, even if made, would have to be cancelled.